SEYMOUR  DURST 


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Avery  Architectural  and  Fine  Arts  Library 
Gift  01  Seymour  B.  I)i  rsi  Old  York  Library 


.4 


THE 

CHAETER 

OF  THE 

CITY  OF  BROOKLYN, 

AND  THE 

SPECIAL  LAWS  RELATING  THERETO ; 

TOGETHER  "WITH  THE 

OEDINANCES 

FOR  THE  GOVERNMENT  OF  THE  CITY. 


PUBLISHED  Br  ORDER  OF  THE  COMMON  COUNCIL 


BROOKLYN: 
GEORGE  C.  BENNETT. 
1857. 


.  At 


PEEFACE. 


The  Common  Council  having  entrusted  to  the  undersigned  the  ar- 
ranging of  the  Charter  and  laws  relating  to  the  City  of  Brooklyn,  for 
publication,  he  has  incorporated  in  the  Charter,  as  now  published,  the 
alterations  made  by  subsequent  legislation,  and  has  added  to  it  those 
laws  which  relate  to  the  powers  and  duties  of  the  Common  Council 
and  of  the  City  Officers,  and  which  are  not  included  in  the  Act  of  In- 
corporation. A  list  of  all  the  most  important  laws,  whether  obsolete 
or  in  force,  affecting  the  former  cities  of  Brooklyn  and  Willi amsburgh, 
and  town  of  Bushwick,  and  the  city  as  now  constituted  by  the  union 
of  the  three,  is  also  subjoined. 

The  further  duty  was  at  the  same  time  committed  to  the  under- 
signed, of  revising  the  ordinances  of  the  City.  In  performing  this 
portion  of  his  labors,  he  found  it  necessary,  in  consequence  of  the  com- 
plete change  which  had  taken  place  in  the  legislative  powers  of  the 
Common  Council  since  the  city  laws  proposed  to  be  revised  were 
adopted,  to  prepare  an  entirely  new  body  of  ordinances.  They  have 
accordingly  been  rewritten,  in  view  of  the  provisions  of  the  present 
Charter  and  laws.  Advantage  was  taken  of  this  circumstance  to  in- 
troduce a  system  of  codification,  similar  to  that  adopted  in  the  revision 
of  the  statutes  of  the  State,  thereby  simplifying  the  arrangement,  and 
condensing  the  provisions  of  the  ordinances  into  a  few  chapters. 

HENRY  C.  MURPHY. 

Brooklyn,  July  20,  1857. 


Digitized  by  the  Internet  Archive 
in  2013 


http://archive.org/details/charterofcityofbOObroo 


CHAETEE 

AND 

SPECIAL  LAWS. 


INDEX. 


Abstract — 

Of  assessment  rolls   71 

Accounting— ^ 

Of  collectors   71 

Accounts  of  City — 

How  kept  101 

Acts,  List  of — 

Relating  to  city  200 

Administrative  Officers— 

Who  are  34 

Aldermen — 
Board  of,  qualifications  and  election . .  20 

Classification  and  term  of  office   20 

Special  powers   21 

Vacancies  and  resignations   21 

Expulsion  of  22 

Three  may  call  meetings   24 

Certain  disabilities  of   50 

To  hold  criminal  court  134 

Animals — 

Running  at  large   25 

Keeping  25 

Appointment — 
Of  certain  city  officers  46 

Areas— 

In  front  of  buildings   27 

Armory,  City— 
May  be  provided  108 

Ashes— 

In  unsafe  places   23 

Assessments — 

For  local  improvements   52 

Committee  of   63 

Correction  of   64 

Collection  of   66 

Rolls  of   70 

When  to  be  paid...   72 

When  relaid     74 

Assessments  Unpaid — 

Sale  of  lands  for,  and  certificate   76 


Redemption  from  sales  for   77 

Conveyances  on  sales  for  79 

Due  on  1st  January,  18o5  10S 

Assessors — 

Salary  of   49 

Duty  of   62 

Election  and  powers  of   64 

President  of  board  and  pay   65 

Laws  applicable  to    66 

Assistant  Clerk — 

How  appointed  21 

To  sign  warrants   42 

Assistant  Collector— 
Of  taxes  and  assessments   68 

Attorney  and  Counsel— 
Term  of  office,  duties  and  bond. . .  .44-47 

Salary  of  44-49 

Assistant  of  44 

Auditor — 

Term  of  office  and  duties   43 

Bond  of    -47 

Salary  of   49 

To  examine  collectors'  accounts  106 

Axe  Companies — 

In  Western  District  87-120 

In  Eastern  District  87-132 

Ballots — 
Farm  of  at  elections  36 

Banks — 

Of  deposit  of  city  moneys   42 

Bathing— 
In  the  rivers  25 

Bay  Windows — 

In  streets   27 

Bells — 

Ringing  of   30 

Bills  of  Mortality — 
Common  Council  may  require   25 


Vlll 


INDEX. 


Board— 

Of  Common  Council   20 

Joint,  of  Com.  Conn,  and  Supervisors,  82 

Of  canvassers  of  elections   37 

Of  health   96 

Of  education  110-175 

Of  water  commissioners  103 

Of  commissioners  of  sewers  109 

Boarding  Mouse  Keepers — 
To  report  to  board  of  health   97 

Boilers— 
The  erection  of   23 

Bond,  Official— 

Of  certain  officers     47 

Of  collector   07 

Renewal  of   09 

Of  city  surveyors   40 

Books  and  Papers— 

To  be  delivered  over  50 

Of  old  cities  and  town  112 

Boundaries— 

Of  the  city  and  wards   9 

Of  fire  department  districts   51 

Bread,  Assize  and  Sale  of — 
Common  Council  may  establish  and 
regulate   29 

Bucket  Companies — 

In  Western  District  87-120 

In  Eastern  District. . . .   87-132 

Buildings — 

Removal  of  27-31 

Dangerous  30-89 

Damages  for,  when  destroyed   91 

Burial  of  the  Dead — 
Regulation  of   25 

Butchers — 
Licenses  to   25 

Cabs— 

Licenses  for  24 

Canvass  of  Elections— 

Statement  of  and  result  37-S 

Special  act  for   190 

Carriages — 

Licenses  for   24 

Cartmen— 

Licenses  to   24 

Cattle  running  at  large — 

Common  Council  to  regulate   25 

Cellars,  Cleansing  of— 

Common  Council  may  compel  26 


Certificates — 

Of  sales  of  land   76 

Of  indebtedness  104 

Chief  of  Police — 
Salary  of  49 

Chimneys,  Construction  of — 
Common  Council  may  regulate  28 

Cisterns— 
Public   62 

City  Court — 

Jurisdiction  and  organization  51-181 

Clerk  of  183 

City  Hospital— 
Moneys  for   29 

City  Judge — 
Term  of  office  51-181-194 

City  Officers — 

Their  election  and  duties   34 

Resignations  or  vacancies  49 

To  deliver  up  books  and  papers...  .  50 

City  Surveyors — 
Appointment  and  compensation  46 

Cleaning  of  Streets— 

Contracts  for  21 

Charges  upon  the  ward   21 

Common  Council  may  compel  26 

Clerk,  City — 

How  appointed  21-47 

Term  of  office  and  assistant   22 

Is  clerk  of  joint  board   33 

And  of  board  of  canvassers   3S 

To  give  notices  of  election   39 

To  countersign  warrants   42 

General  duties   45 

Bond  of   47 

Clerks— 

Of  street  commissioner   42 

Of  attorney  and  counsel   44 

Of  markets   47 

In  departments     47 

Salary  of   49 

Closing — 
Streets,  &c   52 

Collection — 
Of  taxes  and  assessments   66 

Collector — 

Bond  of  47 

Salary  of   49 

May  appoint  deputies   08 

Accounting  of   71 

Bond  of,  when  sued  73 


INDEX. 


ix 


Duty  as  to  unpaid  taxes  73 

Accounts  to  be  examined  10G 

Commissioner  of  Eepaibs  and  Sufplies-- 

Term  of  office  and  duties   43 

Commissioners — 

Of  estimate  and  assessment  54-55 

Of  fire  department,  W.  D  118 

Of  fire  department,  E.  D  130 

Of  drainage  and  sewerage  169 

Of  water  163 

Common  Council — 

Organization  of   22 

To  publish  fiscal  statement   23 

Meetings  of  23-24 

Special  powers  of   24 

Powers  as  to  ordinances  24-30 

To  designate  corporation  newspapers,  32 

Joint  board  of,  with  supervisors   32 

To  be  board  of  canvassers   33 

To  fix  amount  of  official  bonds  47-43 

Disabilities  of  members  of   50 

To  direct  local  improvements   52 

Powers  in  certain  cases   66 

To  provide  a  collector's  office  66 

May  suspend  collector   67 

Members  to  be  firewardens   67 

To  procure  fire  engines   87 

May  borrow  moneys  100 

May  make  permanent  loans  103 

May  provide  an  armory  108 

Common  Criers— 
Licenses  of   24 

Compensation — 
Of  licensed  persons   24 

Comptroller— 
His  term  of  office,  duties  and  deputy,  41 

Salary  of.  41-49 

To  sign  warrants   42 

Bond  of   47 

Constables — 

How  elected  46 

To  attend  city  court  185 

Conveyances— 
On  sales  of  land   79 

Corporation  Newspapers — 
To  be  designated   32 

Correction — 
Of  taxes  and  assessments   30 

Costs— 

Of  local  improvements   61 

Cows — 

Keeping  of   25 


Damages — 

From  local  improvements  54-57-53 

For  pulling  down  buildings   91 

Burial  of   25 

Debts — 

Of  the  old  cities  102-105 

Deeds — 

Of  cession  of  streets   45 

Deposit  Banks — 
Of  city  moneys   42 

Deputies — 

Of  comptroller   41 

Of  street  commissioner   42 

Of  collector   6S 

Disabilities — 
Of  members  of  Common  Council  50 

Disorderly  Houses — 
Common  Council  may  restrain  26 

Dispensaries — 
Moneys  for.   29 

Discontinuance — 
Of  streets  and  roads-   52 

Districts — 

Fire  and  lamp   52 

Fire  department   51 

Of  assessment   54 

Dogs,  Destruction  of— 
Common  Council  may  authorize   25 

Drains  and  Sewers — 
How  made  52-169 

Drawbridges — 
How  constructed   52 

Driving — 
Immoderate,  in  streets   25 

Eastern  District— 

Bouudaries  of   51 

Fire  department  of  123 

Fire  limits  in  149 

Education — 
Board  of  110-175 

Election — 

Of  aldermen   20 

Of  certain  city  officers   35 

Of  city  supervisors   51 

Of  assessors   64 

In  regard  to  borrowing  money.  .103-104 
Canvass  of  votes  at  37-196 

Eligibility — 

Of  aldermen   20 

Of  city  officers   34 


X 


INDEX. 


Of  mayor   89 

Embezzlement— 

Of  city  moneys  69-107 

Estimate— 

Of  expenses  for  joint  board   32 

Of  damage  and  benefit  57-01 

Excise— 

Commissioners  of   96 

Exemptions — 

Of  members  of  police   85 

Uf  members  of  fire  department   S3 

Exhibitions — 
Of  common  shows   20 

Expenses — 

In  certain  cases   54 

Of  grading  and  paving  streets   02 

Of  collecting  taxes  and  assessments. .  09 

Expulsion— 
Uf  aldermen   22 

Extraordinary  Expenses— 
Certain,  provided  for  100 

Fees — 

Counsel  in  street  cases   41 

On  deeds  of  cession   45 

Not  allowed  to  city  officers   49 

Or  to  policemen   85 

Fence  Viewers — 

The  aldermen  to  be   32 

Finances — 

Common  Council  to  manage   24 

Department  of  101-1C6 

Fines  and  Forfeitures — 

How  remitted  34-45 

For  violation  of  ordinances   85 

For  fire  department  fund. . .  .88-148-101 

In  suits  for  violating  fire  laws..."   92 

For  violating  health  law   99 

When  to  be  paid  into  treasury  ICS 

Fire  Arms—  "m 
Sale  or  use  of   29 

Fire  Companies — 

In  Western  District  87-120 

In  Eastern  District  87-132 

Fire  Department — 

Common  Council  to  establish   24 

Organization  of   86 

Regulation  of   88 


Charter  of,  for  West.  Dist.  amended.  .113 
Commissioners  of  Western  District. .  1 18 
Commissioners  of  Eastern  District..  .130 


Fire  Department  Fund — 
Moneys  may  be  raised  for   29 

Fire  Limits— 

Powers  of  Common  Council  89-90 

Kepairing  buildings  in,  and  penalties,  91 

In  Western  District  136 

In  Eastern  District   149 

Firemen — 

Privileges  of   88 

In  Western  District   125 

In  Eastern  District   132 

Fires  — 

Regulations  to  prevent   29 

Fire  Wardens — 

How  appointed.   47 

Duties  of.   S7 

Board  of   92 

For  Western  District  92-5 

For  Eastern  District  129-30 

Fireworks — 
Sale  or  use  of.   29 

Fiscal  Statement— 

Annual     23 

What  to  contain  23 

Fiscal  Year — 
Begins  when   33 

Flagging— 
Of  sidewalks   27 

Fourth  of  July — 
Celebration  of   29 

Funds — 

City  accounts  classified  into  101-2 

Gaming  Tables — 

Suppression  of   26 

Gardens,  Public — 

Regulation  of   26 

Geese — 

Running  at  large   25 

Guardians  ad  litem — 

In  street  proceedings   61 

Gunpowder — 

Keeping  and  conveying  25-147-159 

Hacks — 

Licenses  for   24 

Hawkers — 

Licenses  to   24 

Hay— 

Selling  of   24 

Health,  Board  of — 

Organization  of   96 

Powers  of  97-S-9 

Hospitals  of  '   93 


INDEX. 


xi 


Health  Officer- 
How  appointed  47 

His  duties   99 

Hook  and  Ladder  Companies- 
Id  Western  District  87-120 

In  Eastern  District  87-132 

Horns— 

Blowing  of   30 

Horse  Racing  — 
Prohibition  of   25 

Hose  Companies — 
How  organized   87 

Hospital— 

Money  for  city  for   29 

Of  board  of  health   93 

Ice— 

Removal  of  26 

Idiots — 

Sale  of  lands  of   7S 

III  Fame— 

Houses  of   26 

Impounding— 

Of  animals  25 

Improvements,  Local — 

How  made  52-3 

Flagging  sidewalks   27 

Incumbrances — 

In  streets  26 

Infants— 

Guardians  for   61 

Sale  of  lands  of   78 

Inspection — 

Of  unsafe  places   28 

Inspectors  of  Pavements — 

How  appointed   47 

Interest  Moneys — 

On  city  debt   33 

Joint  Meeting — 

Of  Common  Council  and  Supervisors  32 
Junk  Shop  Keepers— 

Licenses  of   24 

Jurors — 

Competency  of  107 

In  city  court  1S5-195 

Justic  es  of  the  Peace — 


Election  and  jurisdiction  31-192-194 

Justice,  Police— 
Election  and  jurisdiction  of.  .31-189-194 


Keener  of  City  Hall  — 

How  appointed   47 

Kites— 

Flying  of  25 

Lamp  and  Fire  District — 

Limits  of   33 

How  enlarged   34 

Expenses  thereof  83-34 

Lamps  and  Lamp  Posts — 
How  erected   52 

Land  under  Water— 
Jurisdiction  over   66 

Liabilities  —  - 

Of  old  cities  and  town  109 

Licenses — 

How  granted   24 

May  be  suspended  by  mayor   40 

List  of  Acts — 

Relating  to  the  city  200 

Loans — 

Permanent  103 

Temporary  104 

Local  Improvements— 

Assessments  for   52 

Petition  for,  and  proceedings   53 

Costs  of   61 

Pending  on  1st  January,  1855  109 

Lots— 

Draining  and  filling   27 

Manufactories— 

Unwholesome   27- 

Dangerous   29 

Maps- 
Hi  street  commissioner's  office   41 

For  local  improvements   55 

Of  wards   65 

Of  first  five  wards   66 

Markets — 

Regulation  of   25 

Clerks  of   47 

Mayor — 

Objections  to  ordinances   22 

May  call  meetings   24 

To  preside  over  joint  board   33 

May  remit  fines  and  forfeitures   34 

Term  of  office  36-9 

Duties  and  powers   39 

Vacancy  in  office  of   40 

May  suspend  licenses   40 

To  sign  warrants   42 

Salary  of   49 

To  be  a  fire  warden   87 

To  hold  court  184 


X1L 


INDEX. 


MK ETC  MRS — 

Of  Common  Council  20-24 

Mendicants — 
Punishment  of   2G 

Message— 
Annual,  of  mayor   89 

Messenger— 
To  Common  Council   47 

Minutes— 
Of  Common  Council   22 

Moneys — 

For  special  objects   29 

For  general  purposes  29-32 

For  fees  44-45 

Borrowed,  how  applied  104 

Mortgagees — 
Notice  to   77 


Ordinances — 

To  be  presented  to  mayor   22 

Take  effect  when   23 

Powers  of  Common  Council   24 

Penalties  and  suits  on   31 

Publication  of   31 

To  be  engrossed   45 

Proof  of   107 

Existing   108 

Ovens— 

Construction  of   23 

Parks — 

How  opened   52 

Paving  Streets — 

llow  done  52-62 

Pawnbrokers— 

Licenses  of   24 

Payment — 

Of  assesments  and  damages   60 

Of  commissioners   61 

Of  taxes  and  assessments  71-2 

Peddlers — 

Licenses  of   24 


Newspapers — 
Of  corporation   32 

Notices — 

Of  election  to  be  given   3S 

Of  petitions   53 

Of  meeting  to  revise  report   58 

Of  assessment   63 

Of  unpaid  assessments   75 

To  mortgagees  77 

Nuisancks — 
Prohibition  of   25 

Oath— 

Of  office     48 

To  accounts  41-43 

Of  certain  commissioners    55 

Objections  of  Mayor— 
To  ordinances  and  resolutions   22 

Obstructions — 
In  streets  and  wharves   26 

Offensive  Business — 
Limits  for  27 

Officers,  City — 

Duties  of  26-30 

Compensation  for  special  services   28 

Election  or  appointment  34-46 

Term  of  office  35-47 

Offices.  City — 

When  declined   4S 

Of  record   107 

Omnibuses— 
Licenses  for   24 

Opening  Streets  and  Squares— 
Proceedings  for   52 


Penalty — 

In  ordinances  81 

Of  official  bonds  47 

For  not  delivering  overbooks  50 

Perjury— 

"When  under  charter   107 

Permanent  Loans — 

How  authorized   103 

Perquisites — 

Of  city  officers   49 

Physicians — 

To  report  to  board  of  health   97 

Platforms  or  Posts — 

In  streets   27 

Police — 

Establishment  of  24 

Organization  of.    80 

Police,  Chief  of — 

His  election  and  powers   SO 

Clerk  of   81 

Police  Justice— 
Election  and  jurisdiction  31-189-194 

Policemen — 

How  appointed   82 

Their  duties  and  compensation  83-84 

Porters— 
Licenses  to   24 

POUN DM ASTERS — 

How  appointed   47 


INDEX. 


xiii 


Powers— 
Of  Common  Council   24 

President  op  Common  Council — 

To  be  annually  elected   22 

Powers  in  absence  of  mayor   40 

Privies — 

Cleaning  of  26 

Projections— 
In  streets   27 

Property  op  City — 

Management  of   24 

Of  certain   105 

Prostitutes,  Common — 
Punishment  of   26 

Publication— 

Of  ordinances   31 

Of  decision  of  mayor   34 

Qualifications — 

Of  aldermen   20 

Of  city  officers   34 

Of  mayor   39 

Quorum — 

Of  Common  Council   22 

Railroad  Cars — 

Licenses  for   24 

Regulation  of   29 

Reassessments — 

"When  to  be  made   74 

Record — 

Offices  of   107 

Redemption — 

Of  lands  from  sales   77 

Rejected  Taxes — 

When  done  to  be  relevied   74 

Removal  from  Office — 

How  done   50 

Removal— 

Of  buildings  27-30 

Repairs — 

Commissioner  of   43 

Of  wells  and  pumps   21 

Of  streets   52 

Repairing — 

Streets   52 

Repealed— 

Acts  not   in 

Residue  of  Lots — 

In  opening  streets   56 


Resignation — 

Of  aldermen   21 

Of  city  officers   49 

Resolutions — 

To  be  presented  to  mayor   22 

To  take  effect  when   23 

Rivers — 

Bathing  in   25 

Throwing  dirt  in   26 

Runners— 
Regulation  of   29 

Running — 
At  large  of  animals   25 

Salaries — 
Of  city  officers   49 

Sale  of  Lands — 
For  taxas  and  assessments   76 

Scavengers — 
L:censesof   24 

Schools,  Public — 

Moneys  for   33 

Regulation  of   175 

Sealers  op  Weights  and  Measures— 
How  appointed   47 

Searching  Records — 
Compensation  for   28 

Shade  Trees  in  Streets — 
Common  Council  may  permit   26 

Sheep — 

Running  at  large   25 

Showmen,  Common — 
Prohibition  of   26 

Sick  Persons — 
In  vessels   97 

Sidewalks — 
Flagging  of   27 

Signs— 

In  streets   26 

Sinking  Fund— 

Moneys,  how  raised  for   33 

For  redemption  of  water  bonds   167 

Slaughter-Houses— 
Regulation  of  25-26 


xiv 


INDEX. 


Snow — 

Removal  of   26 

Soap  Factories — 
Removal  of   26 

Special  Laws— 
Relating  to  the  city  U3 

Squares — 
Opening  of   52 

Stables— 


Lights  in  and  removal  of.  26 

Stacks — 

Licenses  for  24 

Statfmpnt— 

Annual  fiscal  23-41 

Estimated  for  joint  board   32 

Of  canvass  at  elections  37-38 

Stoops— 

In  streets  27 

Stoves — 

Setting  up   28 

Street  Bkggars — ] 
Common  Council  may  punish   26 


Street  Commissioner— 

Term  of  office  and  duties   41 

Salary  of,  and  deputy  42-49 

Bond  of   47 

Streets — 

Opening,  paving,  closing,  &c   52 

Flagging  sidewalks  in   27 

Obstructions  in   26 


Sureties — 

Of  certain  city  officers   47 

Of  constables                               •  48 

Of  collector.   67 

Supervisors— 

Of  city,  their  election  and  powers   51 

Of  city,  in  joint  board   32 

Of  county,  to  assess  city  taxes   34 

Surveyors — 
Appointment  and  compensation. .  .46-47 

Suspension — 

Of  licenses   40 

Of  collector   67 

Of  policemen   84 

Swe  EPs- 
Licenses  to   24 

Swimming — 

In  the  rivers   25 


Swine— 

Regulation  of   25 

Tallow  Chandlers'  Shops — 
Removal  oL   26 

Taxes— 

For  general  purposes   29 

Tor  special  objects   29 

Correcting  errors  in   30 

Estimates  of   32 

How  levied   34 

Collection  of   66 

Rejection  of   73 

Re-levy  of   74 

Taxes  Unpaid — 

Account  of   72 

Sale  of  lands  for   76 

Redemption  from  sales  for   77 

Conveyances  on  sales  for   79 

In  relation  to  certain  108 

Term  of  Office— 

Of  aldermen  20-21 

Of  mayor  36-39 

Of  cily  officers   35 

When  to  commence   46 

Of  city  judge   51 

Time— 

For  charter  to  take  effect  Ill 

Transportation  of  Passengers 
and  Merchandise— 

Licenses  for   24 

Treasurer,  City — 

Term  of  office  and  duties   42 

Bond  of   49 

Salary  of.   49 

To  receive  unpaid  taxes  and  assess- 
ments  73 

To  examine  collectors'  accounts  106 

To  be  treasurer  of  board  of  education.  177 

Trucks — 

Licenses  for  24 

Unpaid  Taxes  and  Assessments — 

Account  of  72 

Unsafe  Places — 

Inspection  of  28 

Vacancies — 

In  office  of  aldermen   21 

In  office  of  mayor   40 

In  city  offices   49 

Vacant  Lots — 

In  relation  to   27 


INDEX.  XV 


Vagrants — 
Punishment  of.  26 

Vessels— 

Subject  to  quarantine   97 

Sick  persons  in   97 

Process,  how  served  on  108 

Veto— 

Power  of  mayor  22 

Victualling  IIouses— 
Regulation  of.   26 

Wagons — 
Selling  articles  from   24 

Ward  Maps — 
Where  filed   65 

Waeeants — 

For  violation  of  ordinances   31 

To  draw  moneys  from  treasury   42 


For  collecting  taxes  and  assessments.  70 


Water — 

Lai^f  under   66 

Providing  city  with  163 

Weights  and  Measures — 

Kegulation  of   24 

Sealer  of   47 

Wells  and  Pumps — 

Repairs  of.  21 

Construction  of  52 

Western  District — 

Boundaries  of.   51 

Fire  department  of.  113-118 

Fire  limits  in  136 

Wharves — 
Regulation  of,  24 

Widening— 
Streets  and  avenues  52 


CHARTER. 


AN  ACT 

TO  CONSOLIDATE   THE    CITIES    OF   BROOKLYN    AND  WIL- 
LIAMSBURGH  AND   THE    TOWN  OF  BUSHWICK 
INTO  ONE  MUNICIPAL  GOVERNMENT,  AND 
TO  INCORPORATE  THE  SAME. 


PASSED  APRIL  IT,  1854,  THREE-FIFTHS  BEING  PRESENT. 


The  People  of  the  State  of  New  York,  represented  in  Senate 
and  Assembly,  do  enact  as  follows : 

TITLE  I 

BOUNDARIES  OF  WARDS. 

Section  1.  All  that  part  of  the  County  of  Kings  at  Boundaries, 
present  known  as  the  cities  of  Brooklyn  and  Williamsburgh 
and  the  town  of  Bush  wick,  and  which  is  bounded  easterly 
by  the  town  of  Newtown,  Queens  county,  south  by  the 
towns  of  New  Lots,  Flatbush  and  New  Utrecht,  and  west 
by  the  town  of  New  Utrecht  and  the  bay  of  New  York, 
and  north  by  the  East  river,  shall  be  united  into  one  mu- 
nicipal corporation,  to  be  known  and  called  the  City  of 
Brooklyn. 

§  2.    The  First  ward  of  the  said  city  shall  comprise  the  First  ward, 
following  district,  viz)  Beginning  at  a  point  on  Atlantic 
2 


10 


Second  ward. 


Third  ward. 


Fourth  ward. 


streel  where  the  center  lines  of  Atlantic  and  Hicks  streets 
intersect  each  other,  and  running  thence  westerly  along  the 
center  of  Atlantic  street  and  a  line  in  continuation  thereof 
to  the  East  river ;  thence  northeasterly  along  the  East 
river  to  a  point  opposite  the  center  of  Fulton  street,  or  a 
line  in  continuation  thereof;  thence  southeasterly  along 
the  center  of  Fulton  street  to  the  center  of  Hicks  street ; 
and  thence  southerly  along  the  center  of  Hicks  street  to 
the  place  of  beginning. 

§  3.  The  Second  ward  of  said  city  shall  comprise  the 
following  district,  viz :  Beginning  at  a  point  on  the  East 
river  at  the  center  line  of  Fulton  street  continued,  and  run- 
ning thence  southeasterly  along  the  center  of  Fulton  street 
to  a  point  opposite  the  center  of  Sands  street ;  thence  east- 
erly along  the  center  of  Sands  street  to  the  center  of 
Bridge  street ;  thence  northerly  along  the  center  of  Bridge 
street  and  a  line  in  continuation  thereof  to  the  East  river ; 
and  thence  westerly  along  the  East  river  to  the  place  of 
beginning. 

§  4.  The  Third  ward  of  said  city  shall  comprise  the 
following  district,  viz  :  Beginning  at  a  point  on  Fulton 
street  where  the  center  lines  of  Fulton  street  and  Hicks 
street  intersect  each  other,  and  running  thence  southeast- 
erly along  the  center  of  Fulton  street  and  Fulton  avenue 
to  the  center  of  Boerum  street ;  thence  southerly  along  the 
center  of  Boerum  street  to  the  center  of  Atlantic  street ; 
thence  westerly  along  the  center  of  Atlantic  street  to  the 
center  of  Hicks  street ;  and  thence  northerly  along  the 
center  of  Hicks  street  to  the  place  of  beginning. 

§  5.  The  Fourth  ward  of  the  said  city  shall  comprise 
the  following  district,  viz  :  Beginning  at  a  point  where  the 
center  lines  of  Sands  street  and  Fulton  street  intersect 
each  other,  and  running  thence  easterly  along  the  center 
of  Sands  street  to  the  center  of  Bridge  street ;  thence  south- 
erly along  the  center  of  Bridge  street  to  the  center  of  Ful- 


11 


ton  avenue  ;  and  thence  northwesterly  along  the  center  of 
Fulton  avenue  and  Fulton  street  to  the  place  of  beginning. 

§  6.  The  Fifth  ward  of  said  city  shall  comprise  the  fol-  Fifth  ward, 
lowing  district,  viz  :  Beginning  at  a  point  where  the  cen- 
ter lines  of  Bridge  street  and  Johnson  street  intersect  each 
other,  and  running  thence  easterly  along  the  center  of 
Johnson  street  to  the  center  of  Navy  street ;  thence  north- 
erly along  the  center  of  Navy  street  to  the  northerly  side 
of  Nassau  street ;  thence  easterly  along  Nassau  street  to 
the  southwesterly  corner  of  the  United  States  Navy  Yard ; 
thence  northerly,  northwesterly  and  northeasterly  along 
the  United  States  Navy  Yard  to  the  East  river ;  thence 
westerly  along  the  East  river  to  a  point  on  the  continua- 
tion of  the  center  line  of  Bridge  street ;  thence  southerly 
along  the  center  of  Bridge  street  to  the  place  of  beginning. 

§  7.  The  Sixth  ward  of  said  city  shall  comprise  the  fol-  sixth  ward, 
lowing  district,  viz  :  Beginning  on  the  East  river,  at  the  cen- 
ter of  Atlantic  street ;  thence  easterly  along  the  center  of 
Atlantic  street  to  the  center  of  Court  street ;  thence  along 
the  center  of  Court  street  to  the  center  of  Fourth  place ; 
thence  westerly  along  the  center  of  Fourth  place  to  the 
center  of  Henry  street ;  thence  southeasterly  along  the  cen- 
ter of  Henry  street  to  the  center  of  Coles  street ;  thence 
westerly  along  the  center  of  Coles  street  to  the  center  of 
Hamilton  avenue ;  thence  along  the  center  of  Hamilton 
avenue  to  the  East  river ;  thence  along  the  East  river  to 
the  place  of  beginning. 

[§  8.  The  Seventh  ward  shall  comprise  the  following  seventh  ward, 
district,  viz  :  Beginning  at  a  point  formed  by  the  intersec- 
tion of  the  center  line  of  Bedford  and  Flushing  avenues, 
running  thence  southerly  along  the  center  line  of  Bedford 
avenue  to  the  center  line  of  Atlantic  avenue  ;  thence  west- 
erly along  the  center  line  of  Atlantic  avenue  to  the  center 
line  of  Washington  avenue  ;  thence  northerly  along  the 


12 

center  line  of  Washington  avenue  to  the  center  line  of 
Blushing  avenue  ;  thence  easterly  along  the  center  line  of 
Flushing  avenue  to  the  point  of  beginning.]* 

§  9.  The  Eighth  ward  of  said  city  shall  comprise  the  fol- 
lowing district,  viz:  Beginning  at  a  point  where  the  center 
lines  of  Flatbush  avenue  and  Fifth  avenue  intersect,  and 
running  thence  southeasterly  along  the  center  of  Flatbush 
avenue  to  the  line  of  the  town  of  Flatbush ;  thence  south- 
westerly along  said  Flatbush  line  to  the  line  of  the  town  of 
New  Utrecht;  thence  souhtwesterly  along  said  line,  crossing 
a  highway  called  Martense's  lane;  thence  southwesterly 
along  said  line  to  the  southerly  boundary  of  said  city  of 
Brooklyn ;  thence  northwesterly  along  the  line  of  New 
Utrecht  to  the  bay  of  New  York  ;  thence  northeasterly  along 
the  said  bay  and  along  Gowanus  bay  to  the  center  line  of  First 
avenue ;  thence  northeasterly  along  the  center  of  First  ave- 
nue to  the  center  of  Fifth  street ;  thence  southeasterly  along 
the  center  of  Fifth  street  to  the  center  of  Second  avenue ; 
thence  northeasterly  along  the  center  of  Second  avenue  to 
First  street;  thence  southeasterly  along  the  center  of  First 
street  to  Fifth  avenue  ;  thence  northerly  along  the  center 
of  Fifth  avenue  to  the  place  of  beginning. 

[§  10.  The  Ninth  ward  of  said  city  shall  comprise  the 
following  district,  viz:  Beginning  at  a  point  where  the 
center  lines  of  Atlantic  street  and  Flatbush  avenue  inter- 
sect each  other,  and  running  thence  southeasterly  along  the 
center  of  Flatbush  avenue  to  the  line  of  the  town  of  Flat- 
bush ;  thence  easterly  along  said  line  and  along  the  line  of 
the  town  of  New  Lots  to  the  center  of  Division  avenue ; 
thence  northwesterly  along  the  center  of  Division  avenue 
to  the  center  of  Flushing  avenue ;  thence  westerly  along 
the  center  of  Flushing  avenue  to  the  center  of  Bedford 


*  As  amended.    Laws  of  1856,  Chap.  80. 


13 


avenue ;  thence  southerly  along  the  center  of  Bedford  ave- 
nue to  the  center  of  Atlantic  avenue  ;  thence  westerly  and 
northwesterly  along  the  center  of  Atlantic  street  and  Atlan- 
tic avenue  to  the  place  of  beginning.]* 

§11.  The  Tenth  ward  of  said  city  shall  comprise  the  Tenth  war(1- 
following  district,  viz:  Beginning  at  a  point  formed  by 
the  intersection  of  the  center  of  Boerum  and  Fulton  streets ; 
thence  easterly  along  the  center  of  Fulton  street  and  Ful- 
ton avenue  to  the  intersection  of  Fulton  avenue  and  Flat- 
bush  avenue ;  thence  southerly  along  the  center  of  Flatbush 
avenue  to  the  center  of  Fifth  avenue;  thence  southerly 
along  the  center  of  Fifth  avenue  to  the  center  of  First 
street ;  thence  northwesterly  along  the  center  of  First 
street  to  the  center  of  Second  avenue ;  thence  southwest- 
erly along  the  center  of  Second  avenue  to  the  center  of 
Fifth  street ;  thence  westerly  along  the  center  of  Fifth 
street  to  the  center  of  Smith  street ;  thence  southerly 
along  the  center  of  Smith  street  to  the  center  of  Fourth 
place  ;  thence  westerly  along  the  center  of  Fourth  place  to 
the  center  of  Court  street  ;  thence  along  the  center  of 
Court  street  to  the  center  of  Atlantic  street;  thence  along 
the  center  of  Atlantic  street  to  the  center  of  Boerum  street ; 
thence  northeasterly  along  the  center  of  Boerum  street  to 
the  place  of  beginning. 

§  12.  The  Eleventh  ward  of  said  city  shall  comprise  the  Eleventh  ward, 
following  district,  viz:  Beginning  at  a  point  where  the 
center  lines  of  Fulton  avenue  and  Bridge  street  intersect 
each  other ;  thence  running  northerly  along  the  center  of 
Bridge  street  to  the  center  of  Johnson  street ;  thence  east- 
erly along  the  center  of  Johnson  street  to  the  center  of 
Navy  street ;  thence  northerly  along  the  center  of  Navy 
street  to  the  center  of  Nassau  street ;  thence  easterly  along 


*  As  amended.    Laws  of  1856,  Chap.  80. 


14 


Nassau  street  to  the  southeasterly  corner  of  the  United 
States  navy  yard;  thence  northerly  along  the  same  to  the 
East  river;  thence  easterly  along  the  East  river  and  the 
Wallabout  bay  to  the  center  of  Washington  avenue,  or  a 
line  in  continuation  thereof;  thence  southerly  along  the 
center  of  Washington  avenue  to  the  center  of  Atlantic 
avenue;  thence  westerly  and  northwesterly  along  the  cen- 
ter of  Atlantic  avenue  and  Atlantic  street  to  a  point  where 
the  central  lines  of  Atlantic  street  and  Flatbush  avenue  in- 
tersect each  other ;  thence  northwesterly  along  the  center 
of  Flatbush  avenue  to  the  center  of  Fulton  avenue,  and 
from  thence  westerly  along  the  center  of  Fulton  avenue  to 
the  place  of  beginning. 

Twelfth  ward.  §13.  The  Twelfth  ward  of  said  city  shall  comprise  the 
following  district,  viz  :  Beginning  in  the  East  river  on  the 
center  line  of  Hamilton  avenue;  thence  southerly  along 
the  center  of  Hamilton  avenue  to  the  center  of  Coles  street ; 
thence  southeasterly  along  the  center  of  Coles  street  to 
the  center  of  Henry  street;  thence  northerly  along  the 
center  of  Henry  street  to  the  center  of  Fourth  place ; 
thence  southeasterly  along  the  center  of  Fourth  place  to 
the  center  of  Smith  street;  thence  northerly  along  the 
center  of  Smith  street  to  the  center  of  Fifth  street ;  thence 
southeasterly  along  the  center  of  Fifth  street  to  the  center 
of  First  avenue ;  thence  southwesterly  along  the  center  of 
First  avenue  to  Gowanus  bay ;  thence  along  the  Gowanus 
bay  and  East  river  to  the  place  of  beginning. - 

Thirteenth  ward.  §  14.  The  Thirteenth  ward  of  said  city  shall  comprise 
the  following  district,  viz:  Beginning  at  the  permanent 


*  By  Laws  of  1857,  Chap.  13,  six  lots  lying  in  the  Twelfth  ward,  on  the 
south  pier  of  the  Atlantic  Dock  Company,  numbered  53,  54,  55,  56,  5*7, 
and  58,  on  the  map  of  the  property  of  that  Company,  surveyed  Septem- 
ber 1841,  by  Willard  Day,  are  ceded  to  the  United  States  whenever  the 
United  States  shall  acquire  the  title  thereto,  subject  to  the  jurisdiction  of 
the  State  for  the  service  of  civil  and  criminal  or  other  process. 


15 


water  line  on  the  easterly  side  of  the  East  river,  where  the 
same  would  be  intersected  by  the  dividing  line  between 
the  cities  of  Brooklyn  and  Williamsburgh  ;  thence  running 
in  an  easterly  direction  along  the  said  dividing  line  to  the 
center  of  Ninth  street  and  its  intersection  with  said  line ; 
thence  in  a  northeasterly  direction  along  the  center  of 
Ninth  street  to  the  center  of  the  intersection  of  Ninth  and 
Grand  streets ;  thence  in  a  northwesterly  direction  along 
the  center  of  Grand  street  to  the  permanent  line  of  the 
East  river;  thence  southwesterly  along  the  permanent  line 
of  the  East  river  to  the  dividing  line  between  the  cities 
of  Brooklyn  and  Williamsburgh,  the  place  of  beginning. 

§  15.  The  Fourteenth  ward  of  said  city  shall  comprise  £™Jteentb 
the  following  district,  viz :  Beginning  at  the  easterly  per- 
manent line  of  the  East  river,  where  the  same  would  be 
intersected  by  a  line  drawn  through  the  center  of  Grand 
street ;  thence  running  in  a  southeasterly  direction  along 
the  center  of  Grand  street  to  the  center  of  the  intersection 
of  Grand  and  Ninth  streets ;  thence  in  a  northeasterly 
direction  along  the  center  of  Ninth  street  to  the  center  of 
the  intersection  of  North-Second  and  Ninth  streets ;  thence 
in  an  easterly  direction  along  the  center  of  North-Second 
street  to  the  center  of  the  intersection  of  North-Second  street 
and  Union  avenue  ;  thence  in  a  northerly  direction  along 
the  center  of  Union  avenue  to  the  center  of  the  intersec- 
tion of  Union  avenue  by  Fifth  street ;  thence  in  a  north- 
easterly direction  along  the  center  of'  Fifth  street  to  the 
center  of  the  intersection  of  North-Fourteenth  street  by 
Fifth  street ;  thence  in  a  northwesterly  direction  along  the 
center  of  North-Fourteenth  street  to  the  center  of  the  in- 
tersection of  North-Fourteenth  and  First  streets ;  thence 
in  a  southwesterly  direction  along  the  center  of  First 
street  to  the  center  of  the  intersection  of  First  and  North - 
Thirteenth  streets;  thence  in  a  northwesterly  direction 
along  the  center  of  North-Thirteenth  street  to  the  easterly 


16 


permanent  line  of  the  East  river ;  thence  in  a  southwesterly 
direction  along  the  easterly  permanent  line  of  the  East 
river  to  the  center  of  Grand  street,  the  place  of  beginning. 

§  16.  The  Fifteenth  ward  of  said  city  shall  comprise 
the  following  district,  viz  :  Beginning  at  the  center  of  the 
intersection  of  South-Second  and  Ninth  streets;  thence 
running  in  a  southeasterly  direction  along  the  center  of 
South-Second  street  to  the  center  of  the  intersection  of 
South -Second  street  by  Union  avenue ;  thence  in  a  north- 
erly direction  along  the  center  of  Union  avenue  to  the 
center  of  the  intersection  of  Wyckoff  street  by  Union 
avenue ;  thence  in  an  easterly  direction  along  the  center  of 
Wyckoff  street  to  the  center  of  the  intersection  of  Wyckoff 
street  and  Bushwick  avenue ;  thence  in  a  northwesterly 
direction  along  the  center  of  Bushwick  avenue  to  the  cen- 
ter of  the  intersection  of  Bushwick  avenue  and  North- 
Second  street ;  thence  in  a  westerly  direction  along  the 
center  of  North-Second  street  to  the  center  of  the  inter- 
section of  North-Second  street  and  Smith  street ;  thence 
in  a  northerly  direction  along  the  center  of  Smith  street  to 
the  center  of  the  intersection  of  Smith  street  and  Eichard- 
son  street ;  thence  in  a  westerly  direction  along  the  center 
of  Kichardson  street  to  the  center  of  the  intersection  of 
Kichardson  and  Leonard  streets;  thence  in  a  northerly 
direction  along  the  center  of  Leonard  street  to  the  center 
of  the  intersection  of  Leonard  and  Yan  Pelt  streets ; 
thence  in  a  westerly  direction  along  the  center  of  Yan 
Pelt  street  to  the  center  of  the  intersection  of  Yan  Pelt 
street  by  Fifth  street ;  thence  in  a  southwesterly  direction 
along  the  center  of  Fifth  street  to  the  center  of  the  inter- 
section of  Union  avenue  by  Fifth  street ;  thence  in  a 
southerly  direction  along  the  center  of  Union  avenue  to 
the  center  of  the  intersection  of  Union  avenue  and  North- 
Second  street ;  thence  in  a  westerly  direction  along  the 
center  of  North-Second  street  to  the  center  of  the  intersec- 


17 


tion  of  Ninth  street  by  North-Second  street ;  thence  in  a 
southwesterly  direction  along  the  center  of  Ninth  street  to 
the  center  of  the  intersection  of  Ninth  and  South-Second 
streets,  the  place  of  beginning. 

§  17.  The  Sixteenth  ward  of  said  city  shall  comprise  sixteenth  wani. 
the  following  district,  viz :  Beginning  at  the  intersection 
of  Ninth  street  and  the  dividing  line  between  the  cities  of 
Brooklyn  and  Williamsburgh  ;  thence  running  in  a  south- 
easterly direction  along  the  said  dividing  line  to  the  inter- 
section with  the  center  of  the  Brooklyn  and  Newtown  turn- 
pike ;  thence  in  an  easterly  direction  along  the  center  of 
said  turnpike  to  the  center  of  its  intersection  with  Bush- 
wick  avenue ;  thence  in  a  northerly,  northwesterly  and 
northeasterly  direction  along  the  center  of  Bushwick 
avenue  to  the  center  of  the  intersection  of  Wyckoff  street 
and  Bushwick  avenue ;  thence  westerly  along  the  center 
of  Wyckoff  street  to  the  center  of  the  intersection  of 
Wyckoff  street  by  Union  avenue ;  thence  in  a  southerly 
direction  along  the  center  of  Union  avenue  to  the  center 
of  the  intersection  of  South-Second  street  by  Union 
avenue ;  thence  in  a  northwesterly  direction  along  the 
center  of  South-Second  street  to  the  center  of  the  intersec- 
tion of  South-Second  and  Ninth  streets  ;  thence  in  a  south- 
westerly direction  to  the  center  of  the  intersection  of  Ninth 
street  and  the  dividing  line  between  the  cities  of  Brooklyn 
and  Williamsburgh,  the  place  of  beginning. 

§  18.  The  Seventeenth  ward  of  said  city  shall  comprise  Seventeenth 
the  following  district,  viz :  Beginning  at  the  easterly  per-  *  ard' 
manent  hue  of  the  East  river,  where  the  same  would  be 
intersected  by  a  line  drawn  through  the  center  of  North- 
Thirteenth  street ;  thence  running  in  a  southeasterly  direc- 
tion along  the  center  of  North-Thirteenth  street  to  the 
center  of  the  intersection  of  North-Thirteenth  and  First 
streets ;  thence  northeasterly  along  the  center  of  First 
street  to  the  center  of  the  intersection  of  North-Fourteenth 


18 


and  First  streets ;  thence  in  a  northeasterly  direction,  along 
the  center  of  North-Fourteenth  street  to  the  center  of  the  in- 
tersection of  North-Fourteenth  street  by  Fifth  street;  thence 
along  the  center  of  Fifth  street,  in  a  northeasterly  direction, 
to  the  center  of  the  intersection  of  Van  Pelt  street  by  Fifth 
street ;  thence  in  an  easterly  direction  along  the  center  of 
Van  Felt  street  to  the  center  of  the  intersection  of  Van 
Pelt  and  Leonard  streets ;  thence  in  a  southerly  direction, 
along  the  center  of  Leonard  street  to  the  center  of  the  in- 
tersection of  Leonard  and  Richardson  streets ;  thence  in  an 
easterly  direction  along  the  center  of  Richardson  street  to 
the  center  of  the  intersection  of  the  Newtown  turnpike 
(or  North  road)  by  Richardson  street ;  thence  in  a  north- 
easterly direction  along  the  center  of  the  Newtown  turn- 
pike, in  all  its  turnings,  to  the  center  of  the  Newtown 
creek;  thence  in  a  northwesterly  direction  along  the 
center  of  Newtown  creek,  in  all  its  meanderings,  to  the 
permanent  line  of  the  East  river  to  a  point  where  the  per- 
manent line  of  the  East  river  would  intercept  the  center 
of  Newtown  creek,  if  contiuued ;  thence  along  the  easterly 
permanent  line  of  the  East  river  in  a  southerly  direction 
to  the  center  of  North-Thirteenth  street,  to  the  place  of 
1  beginning. 

Eighteenth  §  19.  The  Eighteenth  ward  of  said  city  shall  comprise 
the  following  district,  viz  :  Beginning  at  the  center  of  the 
intersection  of  Richardson  street  and  Newtown  turnpike ; 
thence  running  in  a  northeasterly  direction  along  the 
center  of  Newtown  turnpike  to  the  center  of  Newtown 
creek ;  thence  in  a  southeasterly  direction  along  the  center 
of  Newtown  creek  to  the  intersection  of  the  center  of  the 
Williamsburgh  and  Jamaica  turnpike ;  thence  in  a  south- 
easterly direction  to  a  certain  rock  called  "Arbitration 
rock  ;"  thence  south  twenty-seven  degrees  east  one 
hundred  and  fifty-five  chains  to  a  heap  of  stones ;  thence 
in  the  same  direct  line,  until  it  is  intersected  by  the  west- 


19 


erly  line  of  the  town  of  New  Lots ;  thence  in  a  southerly- 
direction  along  said  last  mentioned  line  to  the  northerly- 
line  of  the  present  city  of  Brooklyn ;  thence  northwesterly 
along  said  last  mentioned  line,  and  along  the  center  of 
Division  avenue,  to  the  center  of  the  intersection  of  Divi- 
sion and  Flushing  avenues;  thence  easterly  along  the 
center  of  Flushing  avenue  to  the  center  of  the  intersection 
of  Flushing  and  Bush  wick  avenues  ;  thence  in  a  northerly, 
northwesterly  and  northeasterly,  and  again  northwesterly 
direction,  along  the  center  of  Bushwick  avenue,  to  the 
center  of  the  intersection  of  Bushwick  avenue  and  North- 
Second  street ;  thence  westerly  along  the  center  of  North- 
Second  street  to  the  center  of  the  intersection  of  North- 
Second  and  Smith  streets;  thence  northerly  along  the 
center  of  Smith  street  to  the  center  of  the  intersection  of 
Smith  street  and  Eichardson  street ;  thence  along  the  center 
of  Eichardson  street  to  the  place  of  beginning. 

[§  20.  The  Nineteenth  ward  shall  comprise  the  following  ^anr^eenth 
district,  viz :  Beginning  at  a  point  formed  by  the  inter- 
section of  the  center  line  of  Division  avenue  with  the 
center  line  of  Flushing  avenue  ;  running  thence  westerly 
along  the  center  line  of  Flushing  avenue  to  the  center  line 
of  Washington  avenue ;  thence  northerly  along  the  center 
line  of  Washington  avenue  to  the  Wallabout  bay ;  thence 
northeasterly  along  the  Wallabout  bay  to  the  line  dividing 
the  late  cities  of  Brooklyn  and  Williamsburgh ;  thence 
easterly  along  the  said  last  mentioned  line  to  the  center 
line  of  South-Sixth  street;  thence  easterly  again,  along 
the  center  line  of  South-Sixth  street  to  the  center  line  of 
Division  avemie ;  and  thence  easterly  again  along  the 
center  line  of  Division  avenue  to  the  point  of  begin- 
ning.]* 


*  A  uew  ward.    Laws  of  1856,  Chap.  80. 


20 


Wards  to  be 
towns. 


§  21.  [Sec.  20.]  The  said  several  wards  of  the  said 
city,  except  as  otherwise  provided  in  this  act,  shall  be  con- 
sidered, and  are  hereby  declared  to  be,  towns  of  the  county 
of  Kings. 


TITLE  II. 


OF  THE  COMMON  COUNCIL. 


Common 
council. 


Board  of  alder- 
men. 


Qualification. 


Section  1.  The  legislative  power  of  said  corporation 
shall  be  vested  in  a  mayor  and  a  board  of  aldermen,  who 
together  shall  form  the  common  council. 

[§  2.  The  board  of  aldermen  shall,  on  and  after  the  first 
Monday  of  May,  eighteen  hundred  and  fifty-eight,  consist 
of  one  alderman  to  be  elected  from  each  ward  as  herein- 
after prescribed.]* 

§  3.  Every  alderman  shall,  at  the  time  of  his  election, 
be  an  elector  of  the  ward  in  which  he  shall  be  chosen,  and 
shall  have  been  a  resident  of  the  city  for  at  least  three 
years  immediately  previous  thereto. 

[§  4.  There  shall  be  elected  at  a  charter  election  to  be 
holden  on  the  first  Tuesday  in  April,  eighteen  hundred 
and  fifty -eight,  one  alderman  from  each  ward,  whose  term 
of  office  shall  be  as  follows : 

1.  Those  elected  from  the  wards  with  odd  enumera- 
tions shall  constitute  the  first  class,  and  this  class  shall  hold 
office  until  the  first  Monday  of  May,  eighteen  hundred  and 
fifty-nine. 

2.  Those  elected  from  the  wards  with  even  enumera- 
tions shall  form  the  second  class,  and  this  class  shall  hold 
office  until  the  first  Monday  of  May,  eighteen  hundred  and 
sixty. 


*  As  amended.    Laws  of  1857.    April  6. 


21 

All  aldermen  elected  at  any  subsequent  election  to  fill 
the  vacancies  occasioned  by  the  expiration  of  the  terms  of 
either  class,  as  aforesaid,  shall  hold  their  offices  for  the 
term  of  two  years,  or  until  their  successors  have  been 
elected  and  have  qualified.  And  the  term  of  office  of  the 
members  of  the  present  board  of  aldermen  shall  expire 
on  the  first  Monday  of  May,  eighteen  hundred  and  fifty- 
eight.]* 

[§  5.  The  alderman  in  each  ward  shall  have  the  pow- 
er, by  contract  duly  made  with  the  lowest  bidder,  whose 
security  shall  be  approved  by  the  mayor,  to  cause  the 
streets  in  his  ward  to  be  cleaned,  and  to  cause  the  wells 
and  pumps  to  be  repaired,  and  the  expense  thereof  shall  be 
a  charge  upon  such  ward  only.  In  the  performance  of 
this  duty  he  may  require  the  services  of  the  commission- 
er of  repairs  and  supplies.]! 

§  6.    The  members  of  the  common  council  shall,  unless  ^mt™nsc0°fUB' 
removed  for  cause,  hold  office  until  their  places  are  sup- office- 
plied  by  the  election  of  new  members,  who  shall  have 
qualified  in  the  manner  provided  by  this  act.    In  case  any 
alderman  shall,  after  his  election  or  during  his  term  of 
office,  remove  out  of  the  ward  in  which  he  shall  have  been 
elected,  his  office  shall  be  deemed  vacant,  and  he  shall  no 
longer  act  as  an  alderman.    They  may  also  resign  their 
respective  offices  at  any  time  by  filing  written  notices 
thereof  with  the  city  clerk,  and  publishing  a  copy  of  such 
notice  in  the  corporation  newspapers ;  and  the  common  Vacancy, how 
council  shall  have  power  to  direct  a  special  election  to  sup- 
ply any  vacancy  that  may  occur,  but  the  person  so  elected 
shall  hold  office  only  for  the  residue  of  the  term  so  vacated. 

§7.    The  common  council  shall  appoint  a  clerk,  who  cJerk- 
shall  perform  such  duties  as  may  be  prescribed  for  him. 

*  As  amended.  Laws  of  1857.    April  6.  \  Ibid. 


ft 


22 


The  clerk  so  appointed  shall  also  be  the  city  clerk,  and 
hold  his  office  one  year,  unless  removed  for  cause  ;  and  by 
consent  of  the  common  council  he  may  appoint  an  assistant 
clerk,  for  whose  acts  he  shall  be  responsible. 


Quorum. 


§  8.  A  majority  of  aldermen  elected  shall  constitute  a 
quorum,  but  a  smaller  number  may  adjourn  from  time  to 
time,  and  compel  the  attendance  of  absent  members. 

HSmoSwunciL  §  &  The  common  council  shall  annually  elect  a  presi- 
dent from  its  own  body,  and  in  his  absence  a  president  for 
the  time  being,  choose  officers,  appoint  its  times  and  places 
of  meeting,  determine  the  rules  of  its  own  proceedings,  be 
the  sole  judge  of  the  qualifications  of  its  members,  keep  a 
journal  of  its  proceedings,  and  may  punish  or  expel  a  mem- 
ber for  disorderly  conduct  or  a  violation  of  its  rules,  or  de- 
clare his  seat  vacated  by  reasons  of  absence,  provided  such 
absence  be  continued  for  the  space  of  two  months.  But  no 
expulsion  shall  take  place  except  by  the  vote  of  two-thirds 
of  all  the  members  elected,  nor  until  the  delinquent  mem- 
ber shall  have  an  opportunity  to  be  heard  in  his  defence. 

Ordinances,         %  10.    Every  ordinance  or  resolution  of  the  common 

bow  passed.  °  J 

council  shall,  before  it  takes  effect,  be  presented,  duly  cer- 
tified, to  the  mayor,  and  the  approval  of  the  minutes  by  the 
common  council  shall  be  conclusive  evidence  that  the  said 
ordinance  or  resolution  has  been  so  presented  to  the  mayor. 
If  he  approve  of  it,  he  shall  sign  it ;  if  not,  he  shall  return 
it  with  his  objections,  and  file  it  with  the  clerk  within  ten 
days  after  he  received  it ;  the  said  board  shall,  at  its  first 
regular  meeting  thereafter,  enter  the  objections  at  length 
on  its  journal,  and  cause  said  objections  to  be  pub- 
lished in  the  corporation  newspapers,  after  which  publica- 
tion it  shall  proceed  to  reconsider  the  same,  and  if  two-thirds 
of  all  the  members  elected  shall  then  agree  to  pass  the 
same,  it  shall  take  effect  as  a  law ;  but  in  every  such  case 
the  votes  shall  be  taken  by  ayes  and  noes,  and  entered  on 


23 


the  journal.  And  if  such  ordinance  or  resolution  shall  not 
be  returned  by  the  mayor,  within  ten  days  after  he  has 
received  it,  it  shall  become  a  law  in  like  manner  as  if  he  had 
signed  it.  But  no  such  ordinance  or  resolution  shall  take 
effect,  in  any  sense,  until  the  day  following  the  next  regu- 
lar meeting  of  the  board,  except  by  unanimous  consent  of 
the  board  ;  in  which  case  it  shall  take  effect  upon  its  being 
approved  by  the  mayor. 

§11.  The  common  council  shall  at  least  once  a  year,  not  J>eut^stift°nndof 
more  than  thirty  nor  less  than  twenty  days  before  the  an-  expenditures 
nual  election,  publish  in  such  of  the  newspapers  printed  in 
the  city  as  they  shall  designate,  a  full  statement  of  all  the 
receipts  and  expenditures  of  every  description  of  the  fiscal 
year  ending  on  the  thirty -first  day  of  August  preceding  such 
statement,  including  all  the  moneys  which  have  passed 
through  the  hands  of  the  comptroller  or  treasurer  for  any 
purpose  whatever,  together  with  the  different  sources  of 
city  revenue,  the  amount  received  under  each,  the  several 
appropriations  made  by  the  common  council,  the  objects 
for  which  the  same  were  made,  and  the  sums  expended  for 
each ;  also  any  moneys  borrowed  upon  the  credit  of  the 
city,  whether  by  temporary  loans  or  by  the  issue  of  bonds, 
the  terms  upon  which  they  were  obtained,  the  authority  un- 
der which  they  were  borrowed,  and  the  purposes  to  which 
they  were  applied,  and  how  much  of  the  same  or  other 
city  indebtedness  has  been  paid,  and  by  what  means.  The 
statement  shall  also  include  a  detailed  account  of  the  city 
property,  existing  debts  of  every  description,  and  the  con- 
dition of  the  sinking  fund,  with  all  such  other  information 
as  may  be  necessary  for  a  full  understanding  of  the  finan- 
cial concerns  of  the  city,  showing  also  the  relative  indebted- 
ness and  property  of  the  portions  of  said  city  formerly  in- 
cluded in  the  cities  of  Brooklyn,  Williamsburgh,  and  the 
town  of  Bushwick. 

[§  12.  The  common  council  shall  hold  stated  meetings,  stated  meetings. 


24 


Special  powers. 


Finances. 


Wharves 


Police. 


Licenses 


Hay 


commencing  on  the  first  Monday  of  May ;  but  the  mayor, 
or  in  his  absence  any  three  aldermen,  may  call  special 
meetings,  by  notice  to  each  of  the  members  of  said  council, 
served  personally  or  left  at  his  usual  place  of  abode.]* 

§  13.  The  common  council  shall  have  power  within  said 
city  to  make,  establish,  publish  and  modify,  amend  or  re- 
peal ordinances,  rules,  regulations  and  by-laws  or  the  fol- 
lowing purposes : 

1.  To  manage  and  regulate  the  finances  and  property, 
real  and  personal,  of  the  city. 

2.  To  regulate  the  wharves,  piers  and  slips  owned  by  the 
city,  and  direct  the  affairs  thereof. 

3.  To  establish  and  regulate  a  day  and  night  police  and 
fire  departments  of  the  city,  within  the  limits  prescribed  by 
law,  and  to  define  and  regulate  the  duties  and  powers  of 
firemen  and  police. 

4.  To  license  and  regulate  cartmen,  porters,  hack,  cab, 
omnibus,  stage  and  truck  owners  and  drivers  ;  and  all  rail- 
road cars  running  on  any  railroad  established  since  January 
first,  eighteen  hundred  and  fifty-three  ;  carriages  and  vehi- 
cles used  for  the  transportation  of  passengers  and  merchan- 
dise, goods  or  articles  of  any  kind  (or  to  authorize  the 
mayor  to  grant  such  licenses,  and  to  require  the  owners  to 
mark  the  same  in  such  manner  as  the  common  council 
shall  designate ;)  weights  and  measures,  surveyors,  com- 
mon cryers,  hawkers,  pedlers,  pawnbrokers,  junk  shop 
keepers,  sweeps  and  scavengers,  and  to  fix  the  rates  of 
compensation  to  be  allowed  to  them,  and  to  prohibit  un- 
licensed persons  from  acting  in  either  of  such  capacities. 

5.  To  prescribe  the  places  of  selling  hay,  straw,  and 
other  articles  from  wagons  or  other  vehicles. 


As  amended.   Laws  of  1857.   April  6. 


I 

25 

6.  To  locate,  regulate  and  remove  slaughter  houses,  es-  Markets, 
tablish  and  regulate  public  markets,  license  and  regulate 
butchers,  designate  the  places,  times  and  manner  of  selling 
meats,  fish,  fruits  and  vegetables,  and  to  prohibit  persons 
from  selling  without  license. 

7.  To  restrain  and'regulate  the  running  at  large  of  cat- cattle  and  swine, 
tie,  horses,  sheep,  swine,  geese  or  other  animals,  and  to 
authorize  and  regulate  the  impounding  and  sale  of  the  same 

for  the  penalty  incurred  and  cost  of  proceedings,  and  to 
pass  ordinances  authorizing  the  destruction  of  dogs. 

8.  To  regulate  or  prohibit  the  keeping  of  cows,  swine  cows, 
and  other  animals. 

9.  To  prohibit  and  abate  all  nuisances.  Nuisances. 

10.  To  regulate  and  prohibit  the  flying  of  kites  or  any  Kites, 
other  practice  having  a  tendency  to  frighten  animals  or  to 
annoy  persons  passing  in  the  streets  or  on  the  side-walks 

in  said  city. 

11.  To  regulate  or  prohibit  swimming  or  bathing  in  the  Bathing, 
waters  of  or  bounding  the  city. 

12.  To  prevent  horse-racing  and  immoderate  driving  in  Racing, 
said  city,  and  to  authorize  the  stopping  of  any  one  who 
shall  be  guilty  of  so  doing. 

13.  To  regulate  the  burial  of  the  dead,  prohibit  inter-  Burials, 
meats  withia  such  limits  as  it  may  prescribe,  purchase  land 

for  public  burial  places,  direct  the  keeping  and  returning  of 
bills  of  mortality,  and  to  establish  such  regulations  for  con- 
veying the  dead  through  the  streets  of  said  city  as  the 
health,  quiet  and  good  order  of  the  city  may,  in  their 
opinion,  require,  or  to  prohibit  the  same  entirely,  if  neces- 
sary. 

14.  To  prohibit  or  regulate  the  keeping  and  conveying  Gunpowder, 
of  gunpowder  and  other  dangerous  material,  to  provide  for 

3 


26 


Disorderly 
houses,  and 
gaining. 


the  forfeiture  of  the  same,  and  the  use  of  candles  and  lights 
in  barns,  stables  and  other  buildings.* 

15.  To  suppress  and  restrain  disorderly  houses  and 
houses  of  ill-fame,  gaming  tables,  ball  alleys,  the  playing 
of  cards  or  games  of  chance  in  places  where  liquor  is  sold 
to  be  drank,  to  destroy  all  instruments  or  devices  employ- 
ed in  gaming,  and  to  restrain  and  punish  vagrants,  mendi- 
cants, street  beggars  and  common  prostitutes. 

16.  To  prohibit  or  regulate  the  exhibitions  of  common 
showmen,  or  of  curiosities  or  other  public  exhibitions 
tending  to  create  or  encourage  idleness  and  immorality. 

17.  To  prevent  and  remove  obstructions  and  incumbran- 
ces in  and  upon  all  wharves,  streets  and  public  places,  and 
the  throwing  of  dirt,  filth  or  rubbish  on  or  from  the  same 
into  the  water  adjoining ;  to  direct  and  regulate  the  plant- 
ing, rearing,  trimming  and  preserving  of  ornamental  and 
shade  trees  in  the  streets,  parks  and  grounds  of  the  city ; 
to  enforce  the  removal  of  snow,  ice  or  dirt  from  the  side- 
walks and  gutters,  and  to  direct  the  sweeping  and  cleaning 
of  streets  by  the  persons  owning  or  occupying  the  pre- 
mises fronting  thereon. 

Duties  of  officers.    18.  To  prescribe  and  define  the  duties  of  all  officers  ap- 
pointed under  this  act,  not  otherwise  prescribed  for  by  law. 


Exhibitions. 


Obstruction  of 
streets. 


Drinking  houses. 


Unwholesome 
busiuess. 


19.  To  regulate  victualling  houses  or  cellars,  gardens  and 
other  places  where  ardent  spirits  or  other  intoxicating 
drinks  may  be  sold,  and  to  prohibit  the  keeping  of  the 
same,  except  by  persons  duly  licensed. 

20.  To  compel  the  owner  or  occupant  of  any  grocery, 
cellar,  tallow  chandler's  shop,  soap  factory,  tannery,  slaugh- 
ter house,  stables,  stalls,  privy,  sewer,  or  other  unwhole- 


*  See  section  8  of  Title  YJL ;  and  also,  Laws  of  1855,  Chap.  332,  and 
Laws  of  1857,  Chap.  768. 


■  9 

27 


some  or  nauseous  house,  place  or  yard,  to  cleanse,  remove 
or  abate  the  same  from  time  to  time,  as  often  as  it  may  be 
necessary  for  the  health,  comfort  or  convenience  of  the  in- 
habitants, at  the  expense  of  the  owner  or  occupant  thereof, 
and  to  prescribe  certain  limits  within  which  it  shall  not  be 
lawful  to  erect  or  establish  any  offensive  or  unwholesome 
manufactory  or  business. 

21.  To  prevent  or  regulate  the  erection  or  construction  ^c^s°r 
of  any  stoop,  step,  platform,  bay  window,  cellar  door,  area, 
descent  into  a  cellar  or  basement,  sign,  or  any  post  or 
erection,  or  any  projection  from  any  building  or  otherwise, 

in,  over  or  upon  any  street  or  avenue  in,  or  the  removal 
of  any  house  or  other  building  through  said  city,  and  to 
cause  the  same  to  be  taken  out  and  removed  from  such 
street  or  avenue  at  the  expense  of  the  owner  or  occupant 
of  the  premises. 

22.  To  cause  sidewalks  to  be  flagged,  and  new  curb  and  side-waiks. 
gutter  stones  to  be  put  down  and  laid,  where  the  same  do 

not  conform  to  the  ordinances  of  the  common  council,  ex- 
cept where  the  want  of  conformity  is  the  result  of  the 
action  of  the  common  council  or  of  any  city  officer  or 
officers,  and  the  expense  thereof  to  be  assessed  on  the 
adjoining  lots,  and  collected  in  the  same  manner  as  for 
regulating,  grading  and  paving  streets. 

23.  To  direct  the  digging  down,  draining  or  filling  up  Braining  and 

00     °  '      .  °  .         t  .  7  fining  up  of  lots. 

of  lots,  pieces  or  parcels  of  ground,  m  all  cases  m  which 
by  a  vote  of  two-thirds  they  shall  decide  such  digging 
down,  draining,  or  filling  up  necessary  for  preventing  any 
damage  or  injury  to  the  streets,  side- walks,  cross-walks,  or 
to  the  adjoining  property,  or  for  abating  a  nuisance,  at  the 
expense  of  the  owners  thereof ;  to  direct  the  fencing  in 
or  closing  of  vacant  lands  in  said  city,  and  the  building 
and  maintaining  of  sufficient  brick  or  stone  walls  between 
any  lot  or  piece  of  land  and  any  street  or  avenue  adjoin- 


28 


ing  the  same  in  said  city,  in  all  cases  where  such  lots  or 
pieces  of  land  shall  not  properly  conform  to  the  level  of 
the  streets  or  avenues  adjoining  the  same,  and  to  require 
such  wall  to  be  built  upon  any  lot  or  piece  of  land  which 
shall  not  so  conform,  at  the  expense  of  the  owner  or  owners 
thereof,  and  to  be  so  constructed  as  to  prevent  the  draining 
or  running  of  water  or  any  other  thing  from  any  street  or 
avenue  upon  any  such  lot,  and  so  as  to  maintain,  uphold 
and  preserve  the  sidewalk  of  any  such  street  or  avenue, 
and  to  assess  and  collect  the  expenses  thereof  in  the  same 
manner  as  for  regulating,  grading  and  paving  streets  ;  but 
before  any  ordinance  shall  be  passed  for  any  of  the  pur- 
poses in  this,  or  the  last  preceding  subdivision  mentioned, 
ten  days'  notice  of  the  application  for  or  the  intention  to 
pass  such  ordinance  shall  be  given  to  every  person  to  be 
affected  thereby,  either  personally  or  by  publication  in  the 
corporation  newspapers. 

r»y  of  officer*.  24.  To  fix  and  determine  a  reasonable  compensation  to 
be  paid  to  any  officer  of  said  city,  or  other  person  em- 
ployed by  them,  for  any  service,  required  of  him  by  this 
act  or  by  any  ordinance  or  resolution  passed  by  them,  for 
which  no  specific  fee  or  compensation  is  provided  by  this 
act,  to  be  paid  by  the  person  or  persons  for  whom  such 
service  shall  be  performed,  for  the  use  of  the  city ;  and  to 
regulate  the  compensation  for  the  services  of  any  officer  of 
said  city,  or  other  person  employed  by  him,  for  searching 
the  books,  files  or  records  of  said  city  for  private  persons. 

chimneys  25.  To  regulate  the  construction  of  chimneys,  and  to 

compel  the  sweeping  thereof ;  to  prevent  the  setting  up  or 
construction  of  stoves,  boilers,  ovens  or  other  things  in 
such  a  manner  as  to  be  dangerous ;  to  prohibit  the  deposit 
of  ashes  in  unsafe  places ;  to  authorize  any  city  officer,  or 
person  or  persons  whom  they  may  designate  for  that  pur- 
pose, to  enter  upon  and  inspect  any  place  or  places,  for 
the  purpose  of  ascertaining  whether  the  same  is  or  are  in 


29 


a  safe  condition,  and  if  not,  to  direct  or  cause  the  same  to 
be  made  so  ;  to  regulate  the  carrying  on  of  manufactories 
dangerous  in  causing  or  promoting  fires ;  to  regulate  or 
prohibit  the  manufacture,  sale  or  use  of  fireworks  or  fire- 
arms in  said  city  ;  to  require  all  such  farther  or  other  acts  to 
be  done,  and  to  regulate  or  prohibit  the  doing  of  all  such 
further  or  other  acts,  as  they  may  deem  proper  to  prevent 
the  occurrence  and  provide  for  the  extinguishment  of  fires 
in  said  city. 

26.  To  estimate  and  determine  what  amount  of  money  Taxes- 
may  be  raised  to  defray  the  annual  current  expenditure  of 
the  city,  and  to  adopt  all  legal  and  requisite  measures  for 
levying  and  collecting  it. 

27.  To  regulate  and  restrain  runners  for  boats,  stages,  JJ"ntJe2ctor 
railroads,  taverns  and  other  houses,  and  the  running  of 
engines  and  cars  through  said  city  on  any  railroad  estab- 
lished since  January  first,  eighteen  hundred  and  fifty- 
three. 

28.  To  raise  by  tax,  annually,  a  sum  not  exceeding  four  special  taxw. 
thousand  dollars  towards  defraying  the  expenses  of  the 

city  hospital,  and  the  sum  of  one  thousand  dollars  for  the 
celebration  of  the  anniversary  of  American  Independence, 
and,  in  the  same  manner  as  the  expenses  of  the  fire  de- 
partment shall  be  raised,  the  sum  of  one  thousand  five 
hundred  dollars  for  the  fire  department  funds  of  the 
western  and  eastern  districts  of  said  city,  to  be  apportioned 
between  them  according  to  the  taxable  property  of  each 
of  said  districts,  and  the  sum  of  one  thousand  dollars,  upon 
the  whole  city,  to  be  apportioned  between  the  dispensaries 
now  established  in  the  present  cities  of  Brooklyn  and 
Williamsburgh  according  to  the  taxable  property  of  the 
districts  in  which  they  are  situated. 

29.  To  establish  assize  of  bread,  and  regulate  the  sale  Bread, 
thereof. 


so 


Ringing  of  bciis.  30.  To  prevent  or  regulate  the  ringing  and  tolling  of 
bells,  blowing  of  horns  and  crying  of  goods,  and  other 
things  in  said  city. 

EaS&nfL1  31.  To  raze  or  demolish  any  building  or  erection  which, 

by  reason  of  fire  or  any  other  cause,  may  become  danger- 
ous to  human  life  or  health,  or  tend  to  extend  a  conflagra- 
tion. 

Duties  of  officer  32.  To  limit  and  define  the  duties  which  are  by  this  act 
required  to  be  performed  by  the  several  officers  of  the 
city,  and  to  prescribe  such  other  or  further  duties  to  be 
performed  by  them  or  any  of  them,  as  it  may  deem  proper. 

Meeeraarat^iL  S3.  The  common  council  shall  have  power  to  correct  and 
rectify  any  errors  committed  in  any  assessment  as  well  for 
taxes  for  the  various  public  purposes  of  the  said  city  as 
for  improvements,  local  and  general,  and  may  exercise  such 
power  as  well  before  as  after  the  confirmation  of  such  as- 
sessment, on  the  petition  of  the  person  or  persons  consider- 
ing themselves  aggrieved  thereby  ;  and  they  may  cause  to 
be  repaid  to  the  petitioners  any  excess  which  may  appear 
to  have  been  paid  by  them  over  and  above  their  just  and 
proper  tax  or  assessment,  and  may  also  cause  to  be  repaid 
any  amount  which  the  said  petitioners  shall  have  paid 
when  justly  and  equitably  they  should  not  have  paid  the 
same.  The  exercise  of  this  power  shall  be  solely  in  the 
discretion  of  the  said  common  council,  and  they  may  or 
may  not  exercise  the  same,  as  in  their  judgment  the  justice 
and  merits  of  the  case  may  require. 

r^peiiin{?nd  §  14.  The  common  council  shall  also  have  power  to 
make,  establish,  alter,  modify,  amend  and  repeal  all  such 
other  ordinances,  rules,  police  regulations  and  by-laws,  not 
contrary  to  the  laws  of  this  State  or  of  the  United  States, 
as  they  may  deem  necessary  to  carry  into  effect  the  powers 
conferred  on  it  by  this  act  or  by  any  other  law  of  this 
State ;  and  such  also  as  they  may  deem  necessary  and  pro- 


ordinances 


31 


per  for  the  good  government,  order  and  protection  of  per- 
sons and  property,  and  for  the  preservation  of  the  public 
health,  peace  and  prosperity  of  said  city  and  its  inhabitants. 

§  15.  The  common  council  may  allow  or  permit  the  re-  Removal  of 
moval  of  any  house  or  other  building  through  or  over  any 
street  or  avenue  of  said  city  ;  but  in  no  case  shall  a  build- 
ing be  removed  into  a  fire  district. 

§  16.  In  every  by-law,  ordinance,  or  police  or  sanatary  Penalties, 
regulation  the  said  common  council  may  pass,  it  may  im- 
pose such  penalty  for  the  violation  or  non-performance 
thereof  as  it  may  deem  proper ;  but  no  such  by-law,  or- 
dinance or  regulation  shall  extend  in  its  operation  beyond 
the  territorial  limits  of  the  city. 

§  17.  Suits  may  be  prosecuted  in  the  corporate  name  of  suits, 
the  city  against  any  person  or  persons  who  shall  violate 
any  provisions  of  any  law,  ordinance  or  regulation  of  the 
common  council  of  said  city,  or  who  shall  neglect  or  refuse 
to  perform  any  act  or  duty  thereby  required  of  him  or 
them ;  and  in  every  such  action  it  shall  be  sufficient  to 
state  in  the  complaint  the  by-law,  ordinance  or  regulation, 
and  the  section  thereof,  upon  which  such  action  is  brought ; 
and  proceedings  for  any  violation  of  the  ordinances  of  the 
city  imposing  a  penalty,  may  be  commenced  by  warrant 
for  the  arrest  of  the  offender,  as  well  as  by  summons,  to 
be  issued  by  any  magistrate  or  court  having  jurisdiction 
in  the  case  before  whom  complaint  shall  be  made,  under 
oath,  and  every  police  justice  and  justice  of  the  peace  elected 
in  said  city  shall  have  jurisdiction  in  all  such  cases. 

§  18.  Everv  general  ordinance,  by-law.  rule  or  regula-  Publication  of 

°  J   °  j  i  o  ordinances. 

tion  which  may  be  passed  by  the  common  council,  im- 
posing a  penalty,  shall,  after  passage  thereof,  and  before 
the  same  shall  take  effect,  be  published  for  ten  days  suc- 
cessively in  the  corporation  newspapers.  Proof  of  such 
publication,  by  the  affidavit  of  the  printer  or  publisher  of 


32 


Corporation 
papers. 


such  newspaper  or  papers,  taken  before  any  officer  author- 
ized to  administer  oaths,  filed  in  the  office  of  the  city 
clerk,  or  a  copy  thereof  certified  by  said  city  clerk,  shall 
be  deemed  conclusive  evidence  thereof  in  all  courts  and 
places  ;  but  such  publication  may  be  proved  by  any  other 
competent  evidence. 

[§  19.  The  common  council  shall  designate  three  daily 
newspapers  published  in  said  city,  having  the  largest  ac- 
tual average  daily  circulation  therein,  one  of  which  shall 
be  printed  and  published  in  that  part  of  the  city  known 
as  the  Eastern  Fire  Department  district,  in  which  shall  be 
published  all  ordinances,  resolutions,  notices,  tax  and  as- 
sessment sales,  and  all  other  proceedings  which  by  this  act 
or  any  other  act  are  or  may  be  required  to  be  published 
affecting  said  city.]* 

§  20.  the  aldermen  to  be  elected,  as  hereinbefore  pro- 
vided, shall  be  fence  viewers  within  their  respective  wards, 
and  shall  have  and  exercise  all  the  powers  and  authority 
of  justices  of  peace  of  towns  in  criminal  proceedings, 
except  the  discharge  of  persons  in  custody ;  but  shall  not 
be  entitled  to  reeeive  compensation  for  any  services  as  such 
justices  of  the  peace. 

[§  21.  The  mayor  and  comptroller  shall,  annually,  on  or 
before  the  first  Monday  of  June,  present  to  the  common 
council  and  supervisors  of  the  city,  in  joint  meeting,  a 
statement  in  writing  of  the  several  sums  of  money  which 
they  shall  deem  necessary  to  be  raised  by  tax  for  the  vari- 
ous purposes  contemplated  by  this  act.jf 
Annual  meeting,  r-g  22.  On  that  day  the  said  common  council  and  super- 
visors of  the  city  shall  meet  in  joint  board,  and  then,  or  as 
soon  thereafter  as  practicable,  shall  proceed  to  determine, 


Fence  -viewers. 


Yearly  estimate 
of  expenses. 


*  As  amended, 
•j-  As  amended. 


Laws  of  1857,  Chap.  131. 
Laws  of  1857.    April  C. 


33 


by  a  majority  of  at  least  two-thirds  of  the  members  pre- 
sent, what  sums,  in  addition  to  such  as  may  be  directed  by 
the  board  of  supervisors  of  the  county  of  Kings  to  be 
raised  to  defray  county  charges  and  entitle  the  city  to  its 
distributive  share  of  the  public  school  moneys,  are  neces- 
sary to  defray  the  contingent  and  all  other  expenses  of  said 
city,  including  any  interest  due  or  to  become  due  on  the 
public  debt  of  said  city,  or  any  portion  thereof,  as  well  as 
any  instalments  which  may  become  due  thereon,  together 
with  such  sums  as  shall  hereinafter  be  authorized  for  the 
use  and  benefit  of  the  public  schools  of  said  city,  or  such 
as  may  at  any  time  be  required  by  law  to  be  paid  into  the 
sinking  fund  of  the  city.  The  moneys  which  the  common 
council  and  supervisors  in  joint  board  are  authorized  to  de- 
termine pursuant  to  this  section,  shall  be  such  moneys  as 
shall  be  required  for  the  municipal  year  which  shall  com- 
mence on  the  first  Monday  of  January  thereafter.]* 

§  23.  The  whole  of  said  city,  except  the  eighth,  ninth  and  J;Stand  ^ 
eighteenth  wards,  shall  constitute  a  lamp  and  fire  district, 
subject  to  the  several  provisions  for  the  enlargement 
thereof  hereinafter  contained ;  and  in  determining  the 
amount  required  to  be  raised  by  tax,  as  provided  in  the 
last  preceding  section,  the  said  joint  board  shall  apportion 
the  aggregate  amount  thereof  between  the  city  at  large 
and  the  several  parts  thereof,  by  specifying  how  much  is  to 
be  levied  upon  the  city  at  large,  and  how  much  upon  the 
property  within  the  lamp  and  fire  district. 

§  24.  The  mayor  shall  preside  over  such  joint  board,  and[™sj^pfficer 
the  city  clerk  shall  be  the  clerk  thereof,  who  shall  deliver 
a  copy  of  the  resolution,  duly  certified  by  the  mayor,  to 
the  board  of  supervisors  of  the  county  of  Kings,  at  their 
next  annual  meeting  thereafter ;  and  the  several  amounts 


*  As  amended.    Laws  of  1855,  Chap.  60. 


34 


I'  \ pen scs  of 
lamp  and  Are 
district. 


Remission  of 
fines. 


specified  in  said  resolution  shall  be  assessed  and  rated  by 
said  board  upon  and  among  the  owners  of  the  estate,  real 
and  personal,  incorporated  companies  and  associations  in 
said  city,  in  the  manner  herein  directed. 

§  25.  No  part  of  the  expenses  of  the  lamp  and  fire  dis- 
trict shall  be  raised  outside  of  the  same ;  nor  shall  any 
portion  of  the  eighth,  ninth  and  eighteenth  wards  be  in- 
cluded therein  ;  but  the  common  council  may  at  any  time 
they  think  proper,  by  a  vote  of  two-thirds,  embrace  any 
of  the  improved  portions  of  said  wards  within  such  dis- 
trict, and  such  portions  of  the  said  wards  may  also  be  an- 
nexed to  said  district  upon  the  application  of  a  majority  of 
the  persons  interested  therein,  if  the  said  common  council 
deem  it  proper  so  to  annex  the  same. 

§  26.  The  common  council  shall  have  no  power  to  remit 
fines  for  penalties  incurred  in  violation  of  ordinances,  or 
forfeitures  for  non-fulfilment  of  contracts  for  work  done  in 
cases  where  local  assessments  shall  be  laid,  but  such  power 
may  be  exercised  by  the  mayor,  who  shall,  before  the 
same  be  effective,  transmit  his  decision  to  the  common 
council,  with  his  reason  therefor  in  writing,  who  shall 
order  the  publication  of  the  same. 


Officers. 


Qualificaiion  for 
office. 


TITLE  HI. 

OF  CITY  OFFICERS,  THEIR   ELECTION  AND  DUTIES. 

[Section  1.  The  administrative  powers  of  the  said  cor- 
poration shall  be  vested  in  a  mayor,  chief  of  police,  comp- 
troller, auditor,  treasurer,  street  commissioner,  commission- 
er of  repairs  and  supplies,  collector  of  taxes  and  assess- 
ments, and  such  other  officers  as  shall  from  time  to  time 
be  created  by  law  or  appointed  by  virtue  of  this  act.]* 

§  2.  No  person  shall  be  elected  or  appointed  to  any 
office  unless  he  be  at  the  time  of  his  election  a  resident  and 


*  As  amended.    Laws  of  1855,  Chap.  496. 


35 


elector  of  the  city,  and  if  elected  to  any  ward  or  district 
office,  an  actual  resident  in  such  ward  or  district ;  and  his 
removal  therefrom  shall  vacate  such  office. 

[§  3.  Elections  for  mayor,  aldermen,  and  such  other 
officers  as  are  by  the  provisions  of  this  act  to  be  elected, 
shall  be  annually  held  in  each  of  the  wards  and  election 
districts  of  said  city,  on  the  first  Tuesday  of  April,  at  such 
places  as  the  common  council  shall  designate.  The  first 
election  for  said  officers,  except  for  city  judge,  mayor, 
comptroller,  auditor,  treasurer,  street  commissioner,  com- 
missioner of  repairs  and  supplies,  and  the  collector  of  taxes 
and  assessments,  shall  be  held  on  the  first  Tuesday  in 
April,  eighteen  hundred  and  fifty-eight,  by  the  inspectors 
of  election  elected  at  the  general  election  held  on  Novem- 
ber fourth,  eighteen  hundred  and  fifty-six,  and  the  common 
council  of  the  city  of  Brooklyn  shall  give  notice  of  such 
election  in  the  corporation  newspapers  for  at  least  ten  days 
preceding  the  said  first  Tuesday  in  April,  designating  the 
places  at  which  the  polls  shall  be  held  in  the  various  elec- 
tion districts  of  the  several  wards  ;  and  the  common  coun- 
cil shall  provide  a  sufficient  number  of  suitable  boxes  for 
each  and  every  poll  which  they  shall  have  designated  in 
conformity  with  this  section.  The  electors  shall  vote  by 
ballot  in  the  district  in  which  they  actually  reside.  The 
mayor,  comptroller,  auditor,  city  treasurer,  chief  of  police,* 
street  commissioner,  collector  of  taxes  and  assessments,  and 
commissioner  of  repairs  and  supplies  shall  be  elected  as 
follows :  The  chief  of  police  to  be  elected  at  the  charter 
election  to  be  holden  on  the  first  Monday  in  April,  eighteen 
hundred  and  fifty-eight,  and  every  three  years  thereafter. 
The  comptroller,  auditor  and  city  treasurer  to  be  elected 
at  the  charter  election  to  be  holden  on  the  first  Tuesday  of 
April,  eighteen  hundred  and  fifty-nine,  and  every  three 


*  See  Laws  of  1857,  Chap.  569,  entitled  "An  Act  to  establish  a  Met- 
ropolitan Police  District." 


36 


years  thereafter.  The  mayor  to  be  elected  at  the  charter 
election  to  be  holden  on  the  first  Tuesday  of  April, 
eighteen  hundred  and  fifty-nine,  and  every  two  years  there- 
after. The  street  commissioner,  collector  of  taxes  and 
assessments,  and  commissioner  of  repairs  and  supplies  to 
be  elected  at  the  charter  election  to  be  holden  on  the  first 
Tuesday  of  April,  eighteen  hundred  and  sixty,  and  every 
three  years  thereafter.  And  the  present  incumbents  of  the 
several  offices  aforesaid  shall  continue  to  perform  the  du- 
ties of  their  offices  until  the  first  Monday  of  May  next 
after  their  successors  shall  have  been  elected  and  qualified. 
The  terms  of  office  of  the  various  officers  mentioned  in  this 
section  shall  commence  on  the  first  Monday  of  May  next 
after  their  election.]"* 

Ballots.  [§  4.    On  the  outside  of  each  ballot  shall  appear  one  of 

the  following  endorsements  :  ''judiciary,"  "mayor,"  "de- 
partments," "ward."  The  ballot  endorsed  "judiciary" 
shall  contain  the  names  of  the  candidates  for  city  judge, 
police  justice,  and  justices  of  the  peace,  or  one  or  either  of 
them  to  be  chosen  in  accordance  with  this  or  any  other 
act.  The  ballot  endorsed  "mayor"  shall  contain  the 
name  of  the  candidate  for  mayor  only.  The  ballot  en- 
dorsed "  departments  "  shall  contain  the  names  of  the  can- 
didates for  comptroller,  auditor,  city  treasurer,  chief  of 
police,  street  commissioner,  eollecter  of  taxes  and  assess- 
ments, commissioner  of  repairs  and  supplies,  or  any  or 
either  of  them  whose  election  may  be  called  for  under  this 
act.  The  ballot  endorsed  "  ward  "  shall  contain  the  names 
of  the  candidates  for  aldermen,  assessors,  police  captains, 
and  all  ward  officers  whose  election  is  called  for  under  this 
or  any  other  act.  Such  ballots  shall  be  deposited  in  sepa- 
rate boxes  to  be  provided  by  the  city  for  that  purpose,  and 
all  the  provisions  of  law  in  respect  to  the  election  of  state 
officers  shall  be  deemed  to  apply  to  elections  held  under 


*  As  amended.    Laws  of  1857.  April  6. 


87 


this  act,  so  far  as  the  same  are  applicable  and  consistent 
therewith.]* 

§  5.    The  original  statements  which  shall  be  made  of  the  statements  of 

°  o  canvass. 

canvass  shall  be  duly  certified  by  the  inspectors.  They 
shall  deliver  one  copy  thereof,  together  with  a  copy  of  the 
poll  lists,  to  the  city  clerk,  and  another  copy  of  each  to  the 
chairman  of  the  board  of  canvassers  within  twenty -four 
hours  after  the  closing  of  the  polls,  which  shall  remain 
with  them  until  delivered  to  the  board  of  canvassers,  with- 
out alteration,  supplement  or  amendment. 

§  6.  For  the  purpose  of  canvassing  the  votes  given  for  gJJJJJjf  1S54 
city  and  ward  officers  at  the  general  election  to  be  held  in 
November,  1854,  the  common  council  of  the  city  of  Brook- 
lyn shall  appoint  twelve  of  its  number,  the  common  coun- 
cil of  the  city  of  Williamsburgh  shall  appoint  four  of  its 
number,  and  the  inspectors  of  election  of  the  two  election 
districts  of  the  town  of  Bush  wick  shall  each  appoint  one  of 
their  number ;  such  appointments  shall  be  made  at  least 
two  weeks  before  said  election,  and  the  persons  thus  ap- 
pointed shall  constitute  a  board  of  canvassers  for  said  elec- 
tion, with  power  to  appoint  its  own  chairman  and  clerk. 
Said  board  shall  meet  and  organize  in  the  common  coun- 
cil chamber  of  the  city  of  Brooklyn  at  least  one  week  be- 
fore said  election ;  the  statements  of  canvass  shall  be  de- 
livered to  such  chairman  and  clerk,  as  provided  in  the  fifth 
section  of  this  title;  and  said  board  shall  thereupon 
proceed  to  canvass  such  statements  at  the  same  time  and  in 
the  same  manner  as  hereinafter  provided. 

§  7.    For  the  purpose  of  canvassing  the  votes  given  for  Board  of 
the  city  and  ward  officers  at  any  election  except  the  said 
election  in  November,  1854,  the  common  council  shall  con- 
stitute the  board  of  canvassers.    The  mayor,  or  in  his  ab- 

*  As  amended.  Laws  of  1857.  April  6.  See  Laws  of  1857,  Chap. 
291,  entitled  "  An  Act  to  provide  a  more  certain  canvass  and  estimate 
of  votes  at  each  election  in  the  cities  of  New  York  and  Brooklyn." 


38 


scnce  the  president  of  said  board,  shall  preside,  and  the 
city  clerk  or  his  assistant  shall  be  the  clerk  thereof.  They 
shall  meet  at  the  room  of  the  common  council  on  the  Mon- 
day next  following  the  election,  at  or  before  five  o'clock  of 
that  day,  and  a  majority  of  aldermen  shall  constitute  a 
quorum.  The  clerk  shall  then  produce  the  original  state- 
ments of  canvass  in  each  district,  as  the  same  shall  have 
been  delivered  to  him,  and  from  them  the  board  shall  pro- 
ceed to  ascertain  the  votes  given  at  such  election  for  the 
several  persons  voted  for  thereat  for  the  several  offices 
mentioned  in  such  statements. 

§  8.  They  shall  make  a  written  statement  of  the  whole 
number  of  votes  given  for  mayor  of  said  city,  as  well  as 
for  the  several  other  officers  to  be  elected  for  said  city  and 
the  several  wards  thereof ;  the  names  of  the  persons  to 
whom  such  votes  were  given,  and  the  number  of  votes 
given  to  each. 

resui?cate  °f  §  ®'  ^Pon  sucn  statement  the  board  shall  proceed  ro 
determine  and  declare  what  person  or  persons  have  re- 
ceived the  highest  number  of  votes  for  each  of  the  offices 
mentioned  in  such  statement.  In  case  any  two  or  more 
persons  shall  have  received  an  equal  number  of  votes  for 
the  same  office,  the  board  shall  determine  by  lot  between 
them.  The  statement  and  final  declaration  of  the  board 
shall  be  certified  by  the  presiding  officer  and  clerk,  and 
filed  in  the  office  of  the  city  clerk. 

Minutes  of  §  10.  The  clerk  shall  keep  proper  minutes  of  the  pro- 

ceedings of  the  board,  and  enter  the  same,  with  the  state- 
ment and  declaration  of  the  board,  in  the  book  of  minutes 
of  the  common  council.  Said  statement  and  declaration 
shall,  within  one  week  thereafter,  be  published  in  one  or 
more  of  the  newspapers  printed  in  each  of  the  districts  of 
said  city.  And  within  ten  days  after  the  board  shall  have 
determined  what  persons  have  been  elected  to  the  several 


Statement  of 
votes. 


39 


offices  in  said  city,  the  clerk  shall  cause  written  notice  of 
his  election  to  be  given  to  each  of  the  persons  so  elected. 

§  11.  The  mayor  shall  be  elected  every  two  years,  and  mayor0" 
no  person  shall  be  eligible  to  that  office  unless  he  has  re- 
sided in  the  city  at  least  five  years,  and  has  attained  the 
age  of  twenty-five  years.  His  salary  shall  not  be  less  than 
two  thousand  dollars  per  annum.  He  shall,  by  virtue  of 
his  office,  be  a  supervisor  of  the  city  of  Brooklyn,  and  shall 
possess  all  the  jurisdiction  and  exercise  all  the  powers  and 
authority  in  criminal  cases  of  a  justice  of  the  peace  of  said 
city,  in  addition  to  the  powers  heretofore  given  him  by  this 
or  any  other  act ;  but  shall  receive  no  fees  for  his  services 
as  such  justice  of  the  peace,  or  for  his  services  as  super- 
visor.   It  shall  be  his  duty : 

1.  To  communicate  to  the  common  council,  at  their  first  Duties, 
meeting  in  the  month  of  January,  each  year,  and  oftener  if 

he  shall  deem  it  expedient,  a  general  statement  of  the  situa- 
tion and  condition  of  the  city  in  relation  to  its  government, 
finances  and  improvements,  with  such  recommendations  as 
he  may  deem  proper. 

2.  To  be  vigilant  and  active  in  causing  the  laws  and 
ordinances  of  the  city  to  be  duly  executed  and  enforced, 
and  to  exercise  a  constant  supervision  over  the  conduct 
and  acts  of  all  subordinate  officers,  and  to  examine  into  all 
complaints  preferred  against  them  for  a  violation  or  neglect 
of  duty,  and  generally  to  perform  all  such  duties  as  may  be 
required  of  him  by  law ;  for  which  purpose  he  shall  have 
and  possess  all  the  authority  and  power,  in  criminal  cases, 
to  arrest  and  commit  for  examination  all  offenders  for  offen- 
ces committed  within  said  city  against  the  laws  of  this 
state,  of  a  police  magistrate  or  justice  of  the  peace  of  any 
of  the  towns  of  this  state,  and  for  the  preservation  of  the 
peace.  And  shall  have  the  power  and  authority  to  issue 
warrants  against  any  and  all  persons  violating  any  of  the 
ordinances,  by-laws  or  regulations  of  the  common  council 


* 


40 


or  of  the  board  of  health,  or  to  direct  the  proper  officers  to 
arrest  such  persons  and  summarily  to  hear,  try  and  deter- 
mine and  dispose  of  the  same,  where  the  penalty  imposed 
by  said  ordinance,  by-law  or  regulation  shall  not  exceed 
ten  dollars.  And  in  case  the  penalty  imposed  by  said 
ordinance,  by-law  or  resolution  shall  not  be  paid  forthwith, 
upon  such  person  being  adjudged  guilty,  then  the  said 
mayor  shall  have  power  by  warrant  under  his  hand  and 
seal,  to  commit  the  said  offender  to  the  county  jail  of  Kings 
county  for  a  term  not  exceeding  thirty  days,  or  until  the 
fine  is  paid ;  and  in  cases  where  the  penalty  shall  exceed 
ten  dollars,  the  said  mayor  may,  after  examination,  hold 
the  parties  to  bail.  And  in  all  cases  where  such  person 
shall  hold  a  license  or  warrant,  granted  by  the  common 
council  or  any  of  the  officers  thereof,  it  shall  be  lawful  for 
the  said  mayor  to  suspend  said  licenses,  or  warrant,  or  the 
person  so  found  guilty,  from  the  benefits  and  privi- 
leges of  said  license  or  warrant,  until  the  common  council 
shall  pass  upon  the  same.  And  it  shall  be  the  duty  of  the 
mayor  to  report  the  fact  of  such  suspension,  together  with 
his  reason  therefor,  to  the  common  council  at  the  next 
meeting  thereof.  And  no  person  so  suspended  shall  be 
entitled  to  any  benefits,  privileges  or  rights  under  such 
license  or  warrant  until  the  suspension  shall  be  removed 
by  the  common  council. 

vacancies.  §  12.  Whenever  there  shall  be  a  vacancy  in  the  office  of 

mayor,  or  whenever  the  mayor  shall  be  prevented,  by  ab- 
sence from  the  city,  by  sickness  or  any  other  cause,  from 
attending  to  the  duties  of  his  office,  the  president  of  the 
common  council,  or  if  the  said  president  shall  be  absent  or 
disabled,  the  president  to  be  elected  pro  tempore,  shall  act 
as  mayor  and  possess  all  the  rights  and  powers  of  the  mayor 
during  the  vacancy  in  office  caused  by  the  absence  or  dis- 
ability of  the  mayor  or  of  the  president  of  the  common 
council,  and  the  said  president  shall  receive  the  same 


41 


compensation  as  the  mayor,  while  acting  in  such  ca- 
pacity. 

§  13.  There  shall  be  a  comptroller,  who  shall  be  elected  by  comptroller, 
the  city  at  large  every  three  years,  except  as  hereinafter  men- 
tioned. He  shall  render  to  the  common  council,  as  often 
as  required,  a  full  and  detailed  statement  of  all  the  receipts 
and  disbursements  of  the  city  government  from  time  to 
time,  specifying  the  amounts  expended  and  unexpended 
on  each  appropriation  made  by  the  common  council,  with 
the  state  of  account,  together  with  a  general  statement  of 
the  liabilities  and  resources  of  the  city,  and  such  other  in- 
formation as  may  be  necessary  to  a  full  understanding  of 
the  financial  affairs  of  the  city.  He  shall  also,  under  the 
direction  of  the  common  council,  prepare  the  annual  state- 
ment hereinbefore  directed  to  be  published,  and  manage  all 
the  financial  concerns  of  the  corporation,  in  addition  to 
such  duties  as  may  be  required  of  him  by  law,  and  shall 
be  entitled  to  receive  such  salary  as  the  common  council 
shall  determine,  and  by  consent  of  the  common  council 
may  appoint  a  deputy  comptroller,  for  whose  acts  he  shall 
be  responsible.  He  may  administer  an  oath  to  any  person 
or  officer  who  shall  be  required  to  render  any  account  or 
make  any  return  to  him,  or  furnish  proof  of  his  right  to 
receive  any  sum  of  money,  or  any  evidence  of  indebted- 
ness from  the  said  comptroller,  or  from  the  city  of 
Brooklyn. 

§14.  There  shall  be  a  street  commissioner,  who  shall  s.treet  co,nmls 

sioner. 

be  elected  by  the  city  at  large  every  three  years.  He 
shall  perform  all  such  services  as  maybe  directed  in  relation 
to  the  opening,  widening  or  regulating,  grading  and  pav- 
ing streets  and  avenues,  with  such  other  duties  as  may 
from  time  to  time  be  prescribed  for  him  by  the  common 
council,  not  inconsistent  with  this  office.  He  shall  receive 
and  have  charge  of  all  maps,  books  and  papers  appertain- 
4 


42 


ing  to  his  department,  and  shall  be  entitled  to  such  salary 
as  the  said  common  council  shall  determine ;  and  by  con- 
sent of  the  common  council  may  appoint  a  deputy  street 
commissioner,  for  whose  acts  he  shall  be  responsible,  and 
who  shall  hold  his  office  during  the  pleasure  of  the  street 
commissioner.  The  deputy  street  commissioner  shall  pos- 
sess all  the  powers  and  discharge  all  the  duties  of  the 
street  commissioner,  in  case  of  the  absence  of  that  officer. 
The  street  commissioner  shall  also  have  power  to  appoint 
such  other  clerks  and  subordinates  in  his  department  as 
the  common  council  shall  from  time  to  time  deem  neces- 
sary. 

§  15.  There  shall  be  a  treasurer,  who  shall  be  elected  by 
the  city  at  large  every  three  years,  except  as  hereinafter 
mentioned,  who  shall  receive  and  deposit  daily,  under  the 
direction  of  the  common  council,  all  moneys  belonging  to 
the  city  in  such  banks,  to  the  credit  of  the  city,  as  the 
common  council  may  direct,  and  upon  such  terms  as  the 
common  council  may  determine,  or  in  default  thereof,  in 
such  banks  as  he  may  think  fit,  but  no  greater  amount 
shall  be  deposited  in  any  one  bank  than  one-quarter  of  its 
capital.  He  shall  countersign  all  warrants,  also  keep  an 
accurate  account  of  all  receipts  and  payments,  and  make 
weekly  returns  thereof  in  such  manner  as  the  common 
council  shall  direct.  The  common  council  shall  make  or- 
ders for  the  payment  of  all  moneys  to  be  drawn  out  of 
the  treasury,  and  no  money  shall  be  drawn  or  paid  out  of 
the  treasury  except  in  pursuance  of  such  orders  appro- 
priating the  same,  and  upon  warrants  signed  by  the  mayor 
or  acting  mayor  and  comptroller,  and  countersigned  by 
the  city  clerk,  or  in  his  absence  by  his  assistant.  Such 
warrants  shall  specify  for  what  purpose  the  amount  therein 
mentioned  is  to  be  paid,  the  appropriation  against  which 
it  is  drawn,  and  the  date  of  the  ordinance  making  the 
same  ;  and  the  said  clerk  shall  keep  an  accurate  account 


43 


of  all  orders,  directing  moneys  to  be  paid  by  the  treasurer, 
in  a  book  to  be  provided  for  that  purpose. 

§  16.  There  shall  be  a  commissioner  of  repairs  and  sup-  commissioner  o# 

v  .  repairs. 

plies,  who  shall  be  elected  by  the  city  at  large  every  three 
years,  except  as  hereinafter  mentioned.  He  shall,  under 
the  direction  of  the  common  council,  have  charge  of  all 
repairs  and  supplies  of  and  for  the  public  buildings, 
station  houses  and  bell  towers,  wharves  and  piers  belong- 
ing to  the  city,  and  of  and  for  the  pavements,  side  and 
cross-walks,  fire  engines  and  other  property  of  the  fire 
department,  lamps,  oil  and  gas,  fuel  and  stationery  for  the 
public  offices  of  the  city.  He  shall  perform  such  other 
duties  as  shall  from  time  to  time  be  prescribed  for  him  by 
said  common  council,  not  inconsistent  with  his  office,  and 
receive  a  salary  to  be  determined  by  said  common  council ; 
and  by  consent  of  the  common  council  may  appoint  a 
deputy  commissioner  and  foreman  of  repairs  and  supplies, 
for  whose  acts  he  shall  be  responsible;  and  shall  have 
power,  under  the  direction  and  by  the  consent  of  the 
mayor  and  the  aldermen  of  the  ward  where  repairs  are  re- 
quired to  be  performed  immediately,  to  expend  in  such 
repairs  an  amount  not  exceeding  fifty  dollars  on  any  such 
occasion. 

§  17.  There  shall  be  an  auditor,  who  shall  be  elected  by  Auditor, 
the  city  at  large  every  three  years,  except  as  hereinafter 
mentioned.  It  shall  be  his  duty  to  examine  all  bills  pre- 
sented against  the  city  for  payment.  ~No  claims  against 
the  city,  or  for  local  improvements,  or  otherwise  howso- 
ever, shall  be  paid,  unless  he  shall  certify  the  same  to  have 
been  incurred  under  due  authority  of  law,  and  that  the 
services  have  been  rendered  or  the  materials  furnished  for 
which  such  bills  may  be  presented,  and  that  the  charges 
are  just  and  reasonable,  or  according  to  contract.  He  may 
require  the  oath  mentioned  in  section  twelve  of  this  title, 
and  may  administer  the  same. 


44 


utornejand       g  18.  The  common  council  shall  appoint  a  suitable  and 
proper  person  as,  and  who  shall  be  the  attorney  and  coun- 
sel for  the  corporation.    He  shall  have  the  management, 
charge  and  control  of  all  the  law  business  of  the  corpora- 
tion, and  the  departments  thereof,  and  all  the  law  business 
in  which  the  city  shall  be  interested;  draw  all  leases, 
deeds  and  other  legal  papers  for  the  city,  and  shall  be  the 
legal  adviser  of  the  mayor  and  common  council  and  the 
several  departments  of  the  corporation  ;  he  shall  have  the 
charge,  management  and  control  of,  and  shall  conduct  all 
the  proceedings  necessary  in  opening,  widening,  altering  or 
closing  streets,  avenues,  parks,  roads  or  lanes,  and  all  other 
local  improvements  of  the  same  kind,  and  he  shall  have 
the  power  and  authority  from  time  to  time,  during  his  con- 
tinuance in  office,  to  authorize  an  attorney  or  other  person 
to  appear  for  him  in  his  name,  for  and  on  behalf  of  the 
said  corporation,  and  conduct  and  defend  suits  and  pro- 
ceedings in  all  courts  and  places.     The  said  attorney  and 
counsellor  shall  devote  the  whole  of  the  business  hours  of 
the  day  to  and  for  the  use  of  the  corporation  and  business 
above  set  forth.    He  shall  receive  from  the  common  coun- 
cil an  annual  salary  of  three  thousand  dollars,  to  be  paid 
quarterly,  exclusive  of  all  disbursements,  and  in  full  for 
all  services  rendered  or  performed  by  him  for  the  corpora- 
tion, including  all  attorney  and  counsel  fees  arising  or 
which  may  accrue  on  any  proceedings  for  any  local  improve- 
ments or  otherwise ;  all  which  fees  shall  belong  to  and  be 
paid  into  the  city  treasury.    The  common  council  shall 
provide  suitable  apartments  for  the  said  attorney  and 
counsel  in  the  City  Hall,  with  all  the  necessary  furniture 
and  stationery,  and  shall  allow  and  pay  the  said  attorney 
and  counsel  such  further  sum  as  may  be  necessary,  not  to 
exceed  two  thousand  five  hundred  dollars  annually  (to  be 
paid  quarterly,)  in  full  for  the  services  of  any  attorney  and 
clerk  he  may  employ,  which  salary  shall  be  in  lieu  of  all 


45 


fees  and  perquisites  whatever  as  such  attorney  and  coun- 
sellor, and  he  shall  hold  his  office  for  the  term  of  one  year 
from  the  time  of  his  appointment. 

§  19.  ISTo  fines  imposed  for  a  violation  of  any  of  the  §J™ission 
ordinances,  by-laws  or  regulations  of  the  common  council 
shall  be  remitted  by  the  mayor  until  after  having  received 
the  advice  in  writing  of  the  said  attorney  and  counsellor. 
And  no  deed  of  cession  of  any  street  or  parts  of  streets, 
avenues,  lanes,  roads  or  parks,  shall  be  accepted  by  the 
said  common  council  until  the  title  of  the  parties  ceding 
the  lands  on  the  same  shall  have  been  examined  and  ascer- 
tained by  the  said  attorney  and  counsellor,  and  he  shall 
report  to  the  common  council  such  fact  in  writing.  The 
fees  and  expenses  thereof  to  be  paid  by  the  parties  execut- 
ing the  deed  of  cession,  which  said  fees  and  expenses  shall 
be  paid  into  the  treasury  for  the  use  of  the  city. 

§  20.  The  city  clerk  shall,  in  addition  to  the  duties  in  clerk 
this  act  required  of  him,  have  charge  of  all  the  papers  and 
documents  of  the  city,  countersign  all  licenses  granted  by 
the  mayor  or  the  board  of  excise,  and  keep  the  record  of  the 
proceedings  of  the  common  council.  He  shall  perform  all 
the  duties  of  the  clerks  of  the  several  towns  of  this  state, 
not  inconsistent  with  this  act.  He  shall  engross  all  the  or- 
dinances of  the  common  council,  in  a  book  to  be  provided 
for  that  purpose,  with  proper  indexes,  which  book  shall  be 
deemed  a  public  record  of  such  ordinances,  and  each  ordi- 
nance shall  be  signed  by  the  mayor  or  acting  mayor  and 
said  clerk.  Copies  of  all  papers  duly  filed  in  his  office, 
and  transcripts  thereof,  and  of  the  records  of  proceedings 
of  the  common  council,  and  copies  of  the  laws  or  ordinances 
of  the  said  city,  certified  by  him  under  the  corporate  seal, 
shall  be  evidence  in  all  courts  and  places  of  the  matters 
therein  contained.  He  shall  also  receive  and  pay  over  to 
the  treasurer  all  moneys  which  by  any  law  or  usage  are 
paid  to  the  clerk  of  the  city. 


46 


city  surveyors.  §  21.  The  common  council  shall  annually  appoint  so 
many  city  surveyors  as  it  shall  deem  proper,  and  fix  their 
compensation  for  services  in  the  opening  or  grading  of  any 
street,  avenue,  square,  or  making  any  other  local  improve- 
ment, and  in  all  other  cases  in  which  they  may  be  em- 
ployed by  the  common  council,  and  shall  require  from 
them  bonds  with  such  penalties  as  they  may  deem  sufficient 
to  secure  the  faithful  performance  of  all  their  duties. 

constables.  §  22.  There  shall  be  annually  elected,  in  each  ward,  one 

constable,  who  shall  perform  such  duties  as  are  by  law 
prescribed  to  constables  in  other  towns  and  counties  of  the 
state.  He  shall  not  be  considered  as  attached  to  the  police 
force,  except  when  specially  required  by  the  mayor  or 
chief  of  police. 

Sal  tcnn  of  [§23.  The  official  term  of  the  several  persons  who  shall 
be  elected  in  pursuance  of  this  act  shall  commence  on  the 
first  Monday  of  May  next  after  their  election,  and  the 
official  terms  of  all  persons  who  shall  be  appointed  to  any 
office  or  place,  in  pursuance  of  this  act,  shall  commence  as 
follows : 

1.  Such  as  are  required  to  give  security  for  the  perform- 
ance of  their  duties  from  the  time  such  security  shall  be 
given  and  approved  as  now  provided  by  law. 

2.  Such  as  are  not  required  to  give  security  from  the 
time  they  shall  have  taken  and  filed  the  oath  hereafter 
mentioned.]  *x* 

o£rSntmcntof  [§24.  The  common  council,  in  a  meeting  on  the  first 
Monday  of  May,  eighteen  hundred  and  fifty-eight,  or  as 
soon  thereafter  as  practicable,  at  which  the  mayor  or  pre- 
sident of  the  common  council  shall  preside,  and  from  time 
to  time  as  may  be  necessary,  shall  by  ballot  appoint  a 


*  As  amended.    Laws  of  1857,  April  6. 


47 


suitable  person  as  clerk,  one  health  officer,  and  a  messenger 
to  the  said  common  council,  and  a  keeper  of  the  City  Hall, 
three  inspectors  of  pavements,  and  shall  also,  by  ballot  or 
otherwise,  as  they  may  determine,  appoint  so  many  fire-war- 
dens, pound-masters,  clerks  of  markets,  inspectors  of  meats, 
surveyors,  sealers  of  weights  and  measures,  and  clerks  of 
departments  as  they  shall  deem  it  expedient  to  appoint. 
All  persons  so  appointed  shall  hold  their  respective  offices 
until  the  first  Monday  of  May  next  after  their  appointment, 
and  until  their  successors  shall  have  been  appointed  and 
have  qualified,  unless  sooner  removed  for  official  miscon- 
duct. 

The  common  council  shall,  at  its  first  meeting  in  May, 
eighteen  hundred  and  fifty-nine,  or  as  soon  thereafter  as 
practicable,  appoint  an  attorney  and  counsel  to  the  corpora- 
tion, who  shall  hold  his  office  for  the  term  of  two  years 
from  the  time  of  his  appointment,  and  the  present  incum- 
bent shall  continue  to  be  attorney  and  counsel  until  his 
successor  shall  have  been  appointed  as  aforesaid.]* 

§  25.  The  treasurer  of  the  city,  comptroller,  collector  of  sureties, 
taxes  and  assessments,  auditor,  street  commissioner,  city 
clerk,  the  attorney  and  counsellor,  and  such  other  officers 
as  the  common  council  shall  direct,  shall  severally  execute 
a  bond  to  the  corporation,  in  such  penalty  as  the  said  com- 
mon council  shall  require,  except  as  herein  otherwise  pro- 
vided, with  such  sureties  as  said  common  council  shall 
approve,  conditioned  for  the  faithful  performance  of  their 
respective  duties,  and  for  accounting  and  paying  over  all 
moneys  by  them  respectively  received  in  their  official  capa- 


*  As  amended.  Laws  of  1857,  April  6.  It  seems  that  after  the  expira- 
tion of  the  first  appointment  of  attorney  and  counsel  under  this  amend- 
ment, there  is  no  limit  to  the  term  of  the  appointment  of  that  officer,  but 
that  it  is  to  be  held  during  the  pleasure  of  the  common  council,  under 
the  first  clause  of  section  18  of  this  Title. 


48 


cities.  In  case  such  officers  shall  refuse  or  neglect,  for  ten 
days  after  they  are  notified  of  their  election  or  appoint- 
ment, to  execute  and  deliver  to  the  city  clerk  the  bond 
herein  required,  such  neglect  or  refusal  shall  be  immedi- 
ately reported  to  the  said  common  council,  who  may  de- 
clare such  office  vacant,  and  forthwith  proceed  to  appoint 
another  in  his  place. 

§  26.  The  constables  elected  by  the  several  wards  shall 
also,  with  such  sureties  as  the  said  common  council  shall 
approve,  severally  execute  and  deliver  to  said  corporation 
a  bond  for  the  faithful  performance  of  their  duties,  and  for 
the  due  payment,  to  every  person  who  may  be  entitled 
thereto,  of  all  such  sums  of  money  as  such  constable  may 
become  liable  to  pay  by  means  or  on  account  of  any  ex- 
ecution or  other  process  which  shall  be  delivered  to  him 
for  collection. 

§  27.  The  sureties  referred  to  in  the  last  two  preceding 
sections  shall  justify  in  such  form  as  the  common  council 
shall  prescribe,  and  the  bonds  thereby  required,  after  hav- 
ing been  duly  approved,  shall  be  filed  in  the  office  of  the 
city  clerk,  except  that  the  bond  of  the  city  clerk  shall  be 
filed  in  the  office  of  the  comptroller,  before  any  one  of  the 
officers  required  to  execute  the  same  shall  enter  upon  the 
duties  of  their  respective  offices. 

§  28.  Every  person  elected  or  appointed  to  any  office  in 
pursuance  of  this  act,  or  of  any  law  or  ordinance  of  the 
common  council,  shall,  before  he  enters  upon  the  duties  of 
such  office,  take  and  subscribe,  before  the  mayor,  city  clerk, 
or  some  person  authorized  to  administer  the  same,  the  con- 
stitutional oath  of  office  of  this  state,  and  file  the  same  in 
the  office  of  the  city  clerk ;  and  if  any  such  person  shall 
neglect  to  take  such  oath  for  ten  days  after  receiving  notice 
of  his  election  or  appointment,  or  shall  neglect  for  the  like 
space  of  time  to  give  such  security  as  may  be  required  of 
him,  he  shall  be  considered  as  having  declined  such  office, 


Amount  of 
surety. 


Oath  of  office. 


49 


and  the  same  shall  be  deemed  vacant;  and  if  and  when- 
ever any  vacancy  shall  occur  in  any  of  the  offices  to  which 
by  this  act  the  common  council  may  make  appointments, 
it  shall  proceed  to  appoint  suitable  persons  to  fill  such 
vacancies. 

§  29.  The  common  council  shall  grant  and  pay  to  the  salaries, 
mayor,  comptroller,  auditor,  street  commissioner,  chief  of 
police,  collectors  of  taxes  and  assessments,  attorney  and 
counsellor,  treasurer  and  all  other  officers,  assessors,  com- 
missioners, clerks  or  other  subordinates,  elected  or  ap- 
pointed under  or  in  pursuance  of  this  act  (except  to  alder- 
men and  supervisors,)  such  stated  salaries  as  it  may  from 
time  to  time  deem  proper  or  shall  be  fixed  by  this  act ; 
but  such  salaries  shall  be  instead  of  all  fees  and  perquisites 
whatever,  for  services  to  be  performed  by  such  officers;  and 
all  such  fees  and  perquisites  shall  be  collected  and  paid  to  the 
treasurer  of  the  city  for  the  use  of  the  city  by  every  such 
officer  and  clerk  monthly,  under  oath,  to  be  filed  with  the 
comptroller,  before  he  shall  be  entitled  to  receive  any  such 
salary,  but  no  officer's  salary  shall  be  either  increased  or 
diminished  after  his  election  and  during  his  continuance 
in  office. 

§  30.  Any  officer  elected  under  this  act  may  resign  his  Resignations  and 

™       i         ..  .        .  ..  vacancies. 

omce  by  giving  notice,  in  writing,  of  his  intention  to  the 
city  clerk  and  publishing  a  copy  of  such  notice  in  the  cor- 
poration newspapers ;  and  any  officer  failing  to  discharge 
the  duties  of  his  office  for  the  space  of  one  month  shall, 
unless  excused  by  the  common  council,  be  deemed  to  have 
resigned.  Whenever  a  vacancy  shall  occur  in  any  of  said 
offices,  except  in  the  office  of  alderman,  whether  caused 
by  death,  removal,  or  otherwise,  the  common  council  may 
proceed,  by  ballot,  to  fill  the  vacancy  until  the  next  ensu- 
ing charter  election,  when  a  person  shall  be  elected  for  the 
balance,  if  any,  of  the  term  so  vacated. 


50 


Removals  §  31.  Any  officer,  except  the  mayor,  may  be  removed 

from  office  for  misconduct  by  the  resolution  of  the  common 
council,  provided  that  no  such  removal  shall  take  place 
until  the  party  sought  to  be  removed  has  had  an  oppor- 
tunity to  be  heard  on  his  defence,  nor  unless  two-thirds 
of  all  the  members  elected,  respectively,  vote  therefor. 
Whenever  any  such  removal  shall  take  place,  the  cause 
therefor,  together  with  the  ayes  and  noes  upon  the  vote 
taken,  shall  be  entered  at  large  upon  the  journal  of  the 
common  council. 

Penalty  for  not      §  32.  If  any  person,  having  been  an  officer  of  said  city, 

delivering  over        °  J  *  °  J  1 

■  !  shall  not,  within  ten  days  after  he  shall  have  vacated  or 
been  removed  from  the  office,  and  upon  notification  and 
request  by  the  city  clerk,  or  within  such  time  thereafter 
as  the  common  council  shall  allow,  deliver  over  to  his 
successor  in  office  all  the  property,  books  and  papers  be- 
longing to  the  city,  or  appertaining  to  such  office,  in  his 
possession  or  under  his  control,  he  shall  forfeit  and  pay  to 
the  city  the  sum  of  five  hundred  dollars,  to  be  sued  for  and 
recovered  with  costs. 

Members  of  §  33.  No  member  of  the  common  council  shall,  during 
certain  disa-  '  the  period  for  which  he  was  elected,  be  appointed  to  or 
competent  to  hold  any  office  the  emoluments  of  which  are 
paid  from  the  city  treasury  ;  or  be  directly  or  indirectly  in- 
terested in  any  contract,  work  or  business,  or  the  sale  of 
any  article,  the  expense,  price  or  consideration  of  which  is 
paid  from  the  said  city  treasury,  or  by  any  assessment 
levied  by  any  act  or  ordinance  of  the  said  common  council ; 
nor  shall  any  such  member  be  directly  or  indirectly  inter- 
ested in  the  purchase  of  any  real  estate  or  property  belong- 
ing to  the  corporation,  or  which  shall  be  sold  for  taxes  or 
assessments,  or  become  security  for  any  officer  appointed 
by  said  common  council,  or  for  any  contractor  under  the 
city  government. 


51 


§  34.  There  shall  be  elected  annually  in  each  ward,  at  supervisors, 
the  same  time  with  the  other  city  officers,  a  supervisor, 
who  shall  possess  all  the  powers  and  be  entitled  to  the 
compensation  of  a  supervisor  of  the  county  of  Kings; 
and  the  said  supervisor  shall  possess  the  powers  and  per- 
form the  duties  in  the  city  court  of  Brooklyn  now  invested 
by  law  in  the  aldermen  of  said  city. 

§  35.  That  portion  of  the  city  lying  south  and  west  of  Districts, 
the  Navy  Hospital  and  Flushing  avenue,  shall  be  denomi- 
nated the  Western  District ;  and  the  present  city  of  Wil- 
liamsburgh  and  the  town  of  Bushwick,  and  that  portion  of 
the  city  of  Brooklyn  lying  north  and  east  of  the  Naval 
Hospital  and  Flushing  avenue,  shall  be  denominated  the 
Eastern  District.* 

§  36.  The  j  urisdiction  of  "  the  city  court  of  Brooklyn"  ™^  ™ 
is  hereby  extended  to  the  city  hereby  incorporated,  and 
the  powers  of  said  court  and  of  the  judge  thereof  shall  be 
the  same  as  if  the  city  hereby  incorporated  had  been  in- 
cluded in  the  act  establishing  said  court  and  amending  the 
same.  The  election  of  city  judge  shall  be  held  at  the  gen- 
eral election  in  November,  1854,  and  at  the  general  elec- 
tion every  six  years  thereafter. 


*By  Laws  of  1855,  Chap.  496,  all  local  distinctions  in  relation  to  the 
Eastern  and  Western  Districts  of  the  city  are  abolished,  except  so  far  as 
relates  to  the  fire  department. 


52 


TITLE  IV. 

OF  ASSESSMENTS  FOR  PUBLIC   OR  LOCAL  IMPROVEMENTS. 

[Section  1.  The  common  council  shall  have  power, 
under  the  restrictions  and  limitations  hereinafter  mention- 
ed, to  cause  streets  and  avenues  to  be  opened  and  widened, 
and  to  be  regulated,  graded  and  paved,  and  to  cause  pub- 
lic squares  and  parks  to  be  opened,  regulated,  ornamented 
and  protected,  and  streets  and  avenues  to  be  kept  in  re- 
pair, and  from  time  to  time  to  be  repaved,  or  regraded  and 
repaved  ;  to  close  up  and  discontinue  roads,  streets,  lanes 
and  avenues ;  to  provide  that  lamp  posts  and  lamps  be 
erected,  and  cisterns  made  for  the  purpose  of  furnishing 
water  in  case  of  fire  ;  to  cause  sewers  and  drains,*  wells 
and  pumps  to  be  constructed  and  repaired,  and  generally 
to  have  such  other  improvements  in  and  about  such  streets, 
avenues  and  squares  as  the  public  want  and  convenience 
shall  require.  The  expense  of  all  such  improvements  (ex- 
cept for  repairs)  shall  be  assessed  and  be  a  lien  on  the 
property  benefited  thereby,  in  proportion  to  the  amount 
of  said  benefit.  In  all  cases  where  the  common  council 
shall  decide  upon  the  grading  and  paving  any  street  or 
avenue,  they  shall  cause  a  sufficient  number  of  culverts  or 
drains  to  be  constructed  under  such  street  or  avenue  as 
may  be  necessary  to  carry  off  the  surface  water  of  the 
lands  which  shed  their  water  across  the  line  of  such  street 
or  avenue. 

The  term  "  improvements"  in  this  section  shall  be  con- 
strued and  is  hereby  declared  to  embrace  any  drawbridge 


*  By  Laws  of  185*7,  Chap.  521,  entitled  "An  Act  in  relation  to  sewerage 
and  drainage  in  the  city  of  Brooklyn,"  this  power  in  relation  to  sewers 
and  drains  is  transferred  to  the  board  of  water  commissioners. 


53 


that,  in  the  opinion  of  the  common  council,  may  be  requir- 
ed to  connect  one  part  of  a  street  or  avenue  with  another 
part  thereof,  or  with  some  other  street  or  avenue,  and  the 
common  council  shall  have  the  power  to  cause  the  same  to 
be  constructed  accordingly  ;  but  it  shall  not  be  lawful  to 
erect,  create  or  construct  any  such  drawbridge  over  the 
Gowanus  creek  or  canal  unless  it  shall  have  a  draw  in  it 
of  not  less  than  thirty-four  feet  in  width  in  the  clear.]* 

§  2.  No  proceedings  shall  be  taken  to  open  any  street,  Petition, 
park,  avenue  or  square,  unless  upon  petition,  signed  by  a 
majority  of  the  persons  owning  land  situated  on  the  line 
of  the  said  improvement ;  and  all  streets  and  squares  now 
opened  or  used  as  such,  and  streets  and  squares  to  be 
opened  and  widened  by  the  proceedings  under  these  pro- 
visions, or  to  be  ceded  to  and  accepted  by  the  common 
council,  shall  be  under  the  jurisdiction,  management  and 
control  of  the  said  common  council  for  the  purpose  of 
making  the  improvements  before  mentioned,  as  the  pub- 
lic wants  and  convenience  shall  require,  and  for  all  pur- 
poses mentioned  in  or  necessary  for  the  fully  carrying 
into  effect  all  the  provisions  in  this  act,  and  the  powers 
granted  to  the  common  council  by  this  or  any  other  act. 

§  3.  Whenever  a  petition  for  opening  or  widening  any  Proceedings  on 
street,  road,  avenue,  park  or  square  in  said  city,  signed  by  pe  1 10"" 
a  majority  of  the  persons  owning  land  situated  on  the  line 
of  the  same,  shall  be  presented,  the  common  council  of 
said  city  shall  cause  a  notice  to  be  published,  in  two  of  the 
newspapers  published  in  said  city,  that  such  application 
has  been  made,  and  of  the  time  (which  shall  not  be  less 
than  twenty  days  after  the  first  publication  of  such  notice) 
when  they  will  proceed  on  said  petition,  which  notice  shall 
be  published  daily  for  two  weeks  successively ;  and  unless 


*  As  amended.    Laws  of  1857,  Chap.  601. 


54 


a  remonstrance,  signed  by  a  majority  of  the  persons  who 
will  be  assessed  for  the  expenses  thereof,  shall  be  presented 
to  them  on  or  before  the  day  specified  in  said  notice,  and 
if  they  shall  deem  the  application  proper,  they  ma}^,  on 
the  day  specified  in  said  notice,  or  as  soon  thereafter  as 
may  be,  by  a  resolution,  decide  to  allow  such  improve- 
ment to  be  made.  Before  giving  notice  of  the  pendency 
of  such  application,  the  common  council  shall  fix  the  limit 
or  district  of  assessment  beyond  which  the  assessment 
shall  not  extend ;  and  a  description  of  such  limit  or  dis- 
trict shall  be  inserted  in  and  form  part  of  such  notice. 
If  the  common  council  shall  deem  it  proper  to  permit  such 
improvements  to  be  made,  they  shall  cause  application  to 
be  made  to  the  county  court  of  the  county  of  Kings,  or 
in  case  of  the  disability  of  the  county  judge,  by  reason  of 
interest  or  otherwise,  then  to  the  supreme  court  at  a  special 
term  held  in  the  county  for  the  appointment  of  three  per- 
sons as  commissioners  to  estimate  and  assess  the  expense 
of  said  improvement,  the  amount  of  damages  and  benefit 
to  be  sustained  and  derived  therefrom  by  the  owners  of 
such  lands  and  buildings  as  may  be  affected  thereby.  The ' 
persons  so  appointed  shall  not  be  interested  in  the  improve- 
ment. The  said  court  may  also  appoint  another  or  others 
to  act  in  the  place  of  any  one  or  more  of  such  commis- 
sioners who  may  die,  decline  serving,  remove  from  the 
city,  be  or  become  interested  in  the  improvement,  or  from 
any  cause  may  be  disabled  from  serving. 

Expenses  in  case    §  4.  The  persons  so  applying  and  who  shall  have  signed 

prayer  of  peti-  J  1  .  . 

tion  is  denied.  a  petition  for  any  such  improvement,  shall  be  chargeable 
with,  and  are  hereby  declared  liable  for  all  charges  and 
expenses  which  may  accrue  on  such  application,  if  the 
same  is  refused  by  the  common  council ;  and  also  for  all 
costs,  fees,  damages  and  expenses  which  shall  not  be  col- 
lected on  any  proceedings  instituted  under  any  such  peti- 
tion or  petitions  by  the  common  council. 


• 


55 


§  5.  The  common  council  of  the  city  of  Brooklyn  shall  MaPs  ofpremi- 

3  m  J  J  sea  to  be  taken. 

cause  a  map  to  be  made  under  the  direction  of  the  street 
commissioner,  by  a  competent  surveyor,  on  which  map 
shall  be  designated  by  feet  and  inches,  as  near  as  may  be, 
the  several  pieces  of  land  and  premises  necessary  to  be 
taken  for  the  improvement,  and  of  any  residue  of  lots  or 
pieces  of  land,  within  the  district  of  assessment,  of  which 
only  a  part  will  be  required  of  the  same ;  and  also  the 
several  pieces  of  land  and  premises  within  the  district  of 
assessment  laid  out  by  said  common  council,  which 
said  several  pieces  of  land  shall  be  numbered  in  figures 
from  one  upwards ;  and  the  map  aforesaid  shall  form  and 
constitute  a  part  of  the  report  of  the  commissioners  of 
estimate  and  assessment,  and  shall  be  deposited  with  the 
report  for  examination  in  the  office  of  the  clerk  of  the 
county  of  Kings. 

§  6.  The  said  commissioners  shall  be  sworn,  before  some  commissioners 

'  to  be*s\vorn. 

officer  authorized  to  administer  oaths,  faithfully  and  im- 
partially to  perform  the  duties  which  shall  devolve  upon 
them  by  virtue  of  said  appointment,  and  shall  then  proceed 
with  all  reasonable  diligence  to  make  the  estimate  and  as- 
sessment mentioned  in  the  preceding  section  ;  and  for  this 
purpose  they  shall  have  power  to  enter  upon  and  examine 
any  premises  which,  in  their  opinion,  will  be  affected  by 
said  improvement,  to  hear  the  proofs  and  allegations  of  the 
parties  interested  at  such  time  and  place  as  they  may  ap- 
point, and  to  continue  such  hearing  by  adjournment  from 
time  to  time  as  they  may  deem  proper. 

§  7.  The  report  of  said  commissioners  shall  be  made  in  a  R?P°rt  of  c,mv 

*  missioners. 

tabular  form,  with  columns,  in  which  shall  be  distinctly 
given  the  whole  expense  of  the  proposed  improvement 
and  the  several  items  thereof,  the  number  on  the  map  of 
the  pieces  of  land  required  for  the  improvement,  and  of  any 
residue,  lots  or  pieces  of  land,  within  the  district  of  assess- 
ment, of  which  only  a  part  will  be  required  for  the  same  ; 


56 

the  number  of  the  pieces  of  land  assessed  for  benefits ;  the 
names  of  persons  interested  in  the  property  taken  or  as- 
sessed for  the  improvement ;  the  amount  awarded  to  the 
different  parties  interested  in  the  lands  and  premises  re- 
quired for  the  improvement ;  the  amount  assessed  on  each 
piece  of  land,  and  on  the  different  interests  therein ;  the 
balance  of  award  to  be  received  by  the  respective  parties 
over  the  assessment ;  the  balance  of  assessment  to  be  paid 
by  each  individual  whose  assessments  amount  to  more  than 
the  award;  and  so  many  and  such  other  different  columns 
and  tabular  statements  as  may  be  necessary  to  designate 
the  true  interests  of  the  parties  in  the  lands  and  premises 
required  for  the  improvement  and  their  liabilities  in  rela- 
tion thereto. 

§  8.  When  a  residue  shall  be  left  of  any  lot  or  lots  ne- 
cessary to  be  taken  for  such  improvement,  the  said  com. 
missioners  may,  in  cases  where  injury  or  injustice  would 
otherwise  be  done,  and  with  the  consent,  in  writing,  of  the 
owner  or  owners  of  such  lot  or  lots,  include  the  whole  or 
any  part  of  such  residue  in  their  report  (briefly  describing 
the  same),  and  estimate  separately  the  value  thereof. 
Every  such  residue  or  part  of  a  residue,  which  shall  be  so 
included,  shall,  upon  the  confirmation  of  said  report,  as 
hereinafter  provided,  and  the  payment  or  tender  of  the 
amount  at  which  the  same  shall  be  so  estimated  to  the 
owner  or  owners  thereof,  vest  in  fee  simple  in  the  city  of 
Brooklyn,  who  shall  thereupon  sell  and  dispose  of  the 
same,  at  a  price  or  prices  not  less  than  the  sum  at  which  it 
shall  have  been  so  estimated,  to  the  owner  or  owners  of  the 
next  adjacent  lands;  and  if  he  or  they  shall  not  upon  rea- 
sonable notice,  to  be  determined  by  the  common  council 
of  said  city,  elect  to  take  the  same  at  such  price  or  prices, 
it  shall  be  disposed  of  at  public  auction,  upon  such  notice 
as  the  common  council  shall  deem  proper,  for  the  best 
price  or  prices  that  can  be  obtained  for  the  same.    In  case 


57 


the  same  shall  sell  for  a  less  sum  than  that  at  which  its 
value  was  estimated  by  the  commissioners,  the  deficiency 
shall  be  deemed  a  part  of  the  general  amount  of  loss  and 
expense  arising  from  the  improvement.  And  for  the  pur- 
pose of  providing  for  the  event  of  such  deficiency,  and  for 
the  payment  of  the  amount  thereof,  the  commissioners  shall 
include,  in  the  estimate  and  assessment  of  the  expense  of 
such  improvement,  the  estimated  value  of  any  such  residue, 
or  part  of  a  residue,  which  may  be  included  as  aforesaid 
in  their  report,  and  upon  the  sale  of  the  same,  as  above 
provided,  the  proceeds  thereof  shall  be  credited  and  allow- 
ed to  each  of  the  persons  assessed,  in  proportion  to  the 
amount  of  the  respective  assessments  against  them. 

§  9.  In  other  cases  in  which  part  only  of  the  land  and  {f^Sf6  f 
premises  of  any  person  or  persons  will  be  required  for  any 
such  proposed  improvement,  the  fair  estimated  benefit  to 
be  derived  by  him,  her  or  them,  in  common  with  others, 
for  the  said  improvement,  shall  be  assessed  and  be  a  lien 
upon  the  residue  of  such  land  and. premises,  but  such  as- 
sessment shall  in  no  case  exceed  the  value  of  such  residue ; 
and  if  in  the  opinion  of  the  court  to  whom  the  said  report 
shall  be  presented  for  confirmation,  as  hereinafter  provided, 
any  assessment  shall  exceed  such  value,  it  shall  be  good 
cause  against  confirming  the  said  report. 

§  10.  When  all  the  land  and  premises  of  anv  person  or  Estimated 

1  J   1  damages. 

persons  will  be  required  for  the  contemplated  improvement, 
or  where  part  only  thereof  will  be  required  and  the  esti- 
mated damages  to  be  sustained  by  the  appropriation  of 
such  part  to  the  purposes  thereof  shall  exceed  the  fair  es- 
timated benefit  which,  in  common  with  others,  he,  she  or 
they  will  derive  from  the  said  improvement,  the  amount  of 
the  estimated  damages  in  the  first  case,  and  of  the  excess 
of  such  estimated  damages  in  the  last,  shall  be  assessed 
and  be  a  lien  on  other  lands  and  premises,  according  to  the 
estimated  benefit  to  be  derived  from  the  said  improvement. 
5 


58 


Damages  by        &  11.  The  said  commissioners  shall  also  estimate  in  their 

Intervening  J 


lands. 


said  report  any  damages  arising  from  the  said  improvement 
which  may  be  sustained  by  the  owner  or  owners  of  any 
land  bounded  on  public  highway  by  reason  of  the  location 
of  the  proposed  street,  avenue  or  square,  in  such  manner  as 
to  interpose  the  land  of  any  other  person  between  such 
proposed  street,  avenue  or  square  and  the  said  highway; 
and  the  amount  of  such  estimated  damages  shall  be  assess- 
ed and  be  a  lien  on  other  lands  and  premises,  according  to 
the  benefit  to  be  derived  by  them  respectively  from  the 
said  improvement. 

Sgt^reviL6^"  § 12>  After  said  ^port  shall  be  completed,  it  shall  be 
report.  fi\Qft  sa^  commissioners  in  the  office  of  the  clerk  of 

the  county  of  Kings.  They  shall  then  cause  a  notice  to 
be  published  that  the  same  has  been  completed  and  filed, 
and  that  they  will  meet  at  a  time  and  place  therein  to  be 
specified,  not  less  than  ten  days  from  the  first  publication 
of  such  notice,  to  review  their  report.  During  that  time 
the  said  report  may  be  examined,  free  of  expense,  by  all 
persons  interested ;  and  at  the  time  and  place  so  specified 
any  person  may  olFer  objections  in  writing  to  the  said  re- 
port, and  accompany  the  same  with  such- affidavits  as  he 
may  think  proper.  The  said  commissioners  shall  there- 
upon, or  as  soon  as  conveniently  may  be  thereafter,  review 
their  said  report,  and  correct  the  same  where  they  shall 
deem  it  proper,  and  shall  then  again  file  the  same  in  the 
office  of  the  clerk  of  the  said  county  of  Kings.  The  com- 
mon council  shall  then  cause  a  notice  to  be  published,  in 
the  newspaper  or  newspapers  employed  by  the  said  corpo- 
ration, that  the  said  report  has  been  so  completed  and  filed, 
and  that  application  will  be  made  on  behalf  of  the  said 
common  council  to  the  county  court  of  the  county  of 
Kings,  or  to  the  supreme  court  at  one  of  the  special  terms 
thereof,  the  time  to  be  specified  in  such  notice  (and  in  either 
case  not  less  than  ten  days  from  the  first  publication 


59 


thereof,)  to  have  said  report  confirmed.  During  the  said 
space  of  ten  days  the  said  report  shall  remain  open  to  the 
inspection,  free  of  expense,  of  all  persons  interested ;  and 
any  such,  person  may,  within  that  time,  appeal  from  said 
report.  Such  appeal  shall  be  by  notice,  to  be  served  on  Appeal, 
the  clerk  of  the  said  common  council  within  the  period 
last  mentioned,  and  at  least  six  days  before  the  time  at 
which  the  said  report  is  to  be  presented  to  the  court  for 
confirmation,  which  notice  shall  be  accompanied  with, 
copies  of  the  affidavits  which  shall  have  been  delivered  to 
the  commissioners  (if  it  shall  be  intended  to  use  or  to  refer 
to  copies  thereof  on  such  appeal),  and  also  with  a  brief 
statement  in  writing  of  the  grounds  of  objection  to  such, 
report,  and  of  the  manner  in  which  it  is  contended  that 
the  same  ought  to  be  altered. 

§  13.  Such  appeal  shall  be  heard  by  the  court  to  which  ^eajjj« of 
the  said  report  shall  be  presented  for  confirmation,  at  the 
time  the  same  shall  be  so  presented.  Copies  of  the  affida- 
vits which  shall  have  been  delivered  and  served  as  afore- 
said (but  no  others)  may  be  read  against  confirming  the 
said  report,  and  affidavits  may  be  also  read  to  sustain  the 
same;  but  no  cause  against  such  confirmation  shall  be 
heard,  except  an  appeal  shall  have  been  made  in  the  man- 
ner provided  in  the  preceding  section  of  this  act.  If  no 
sufficient  reason  to  the  contrary  shall  appear  to  the  court, 
they  shall  confirm  the  said  report ;  or  if,  in  their  opinion, 
the  same  ought  not  to  be  confirmed,  they  may  refuse  so  to 
do,  and  in  the  event  of  such  refusal  they  shall  in  the 
proper  cases  refer  it  back  for  revision  and  correction  to 
the  same  or  other  commissioners,  who  shall  proceed  to 
revise  and  correct  the  same,  and  cause  it,  or  a  new  report, 
to  be  filed  in  the  office  of  the  clerk  of  the  said  county. 
The  common  council  shall  thereupon  cause  a  new  notice 
to  be  published,  in  the  manner  required  in  the  preceding 
section  of  this  act,  of  the  filing  of  such  report,  and  of  their 


60 


intention  to  apply  for  the  confirmation  thereof.  The  said 
report  may  be  appealed  from  within  the  time  and  in  the 
manner  provided  in  the  said  section,  and  such  appeal  shall 
be  proceeded  upon  and  the  said  report  again  disposed  of  in 
the  manner  directed  by  this  section ;  and  so  often  as  any 
such  report  shall  be  referred  back  for  revision  and  correc- 
tion, the  like  proceedings  shall  be  thereupon  had  as  are 
provided  in  this  section  upon  a  first  reference  back  to  the 
said  commissioners.  In  cases,  however,  where  the  said 
court  can  from  the  nature  of  the  case  and  shall  direct 
specific  alterations  to  be  made  therein,  and  such  altera- 
tions shall  be  made  in  its  presence  or  during  the  same 
term,  they  may  thereupon  absolutely  confirm  the  said 
report  without  further  notice. 

costs  of  appeal.  g  \^  ^e  COurt  to  which  any  such  report  shall  be  pre- 
sented for  confirmation  shall  have  power,  in  their  discre- 
tion, to  award  costs  against  the  appellant  in  cases  where 
the  appeal  shall  not  be  prosecuted  or  sustained. 

§  15.  After  the  reports  of  the  commissioners  shall  be 
confirmed,  the  said  reports  shall  be  delivered  to  the  com- 
mon council  of  said  city,  who  shall  be  thereupon  authorized 
to  cause  such  improvements  to  be  made.  At  such  time, 
within  the  space  of  thirty  days  next  after  the  confirmation 
of  the  said  report,  any  person  from  whom  any  assessment 
contained  therein  may  be  due  may  pay  the  amount  thereof, 
without  any  additional  expense  for  collecting,  to  the  col- 
lectors of  taxes  and  assessments,  and  in  the  manner  herein 
and  by  this  act  provided. 

§  16.  The  city  comptroller  shall  pay  to  the  persons  (or 
to  the  attorneys  or  legal  representatives  of  such  persons)  to 
whom  damages  may  have  been  awarded  in  such  report  the 
amount  of  such  damages,  without  any  deduction  therefrom 
by  way  of  fee  or  commission. 

§  17.  The  commissioners  of  estimate  and  assessment,  to 


■Confirmation 
and  payment  of 
assessments. 


Payment  of 
damages. 


61 


be  appointed  as  aforesaid,  shall  be  allowed  two  dollars  for  ^e°rf9commb' 
each  and  every  day  while  actually  and  necessarily  era- 
ployed  in  and  about  their  duties ;  provided  they  shall  each 
make  an  affidavit  that  they  and  each  of  them  were  so  em- 
ployed for  four  hours  at  least  in  each  day,  except  the  first 
and  last  daj^s,  on  which  they  shall  meet  and  present  their 
account  for  such  service,  so  verified,  to  the  proper  officers 
for  taxation;  and  such  compensation,  and  the  fees  and 
charges  of  surveyors  and  other  persons,  shall  be  estimated 
as  part  of  the  expenses  of  the  improvement,  and  be  after- 
wards taxed  or  certified  by  some  officer  authorized  to  tax 
costs  in  the  supreme  court  of  this  state. 

§  18.  If  the  estimate  of  the  expenses  shall  exceed  the  ^g8 ^v°efresti" 
amount  of  expenses  which  shall  be  actually  incurred  in  exPenses- 
making  the  improvement,  such  excess  shall  be  refunded  or 
allowed  to  the  persons  assessed,  in  proportion  to  the  amount 
of  their  respective  assessments. 

§  19.  In  any  case  of  opening,  widening  or  extending  guardians  for 
any  street,  avenue  or  square,  road  or  highway,  under  the 
provisions  of  this  act,  the  county  court  of  the  county  of 
Kings,  or  the  county  judge  thereof  in  term  or  vacation,  or 
a  justice  of  the  supreme  court,  shall  have  power,  on  ap- 
plication, to  appoint  guardians  for  infants  or  other  incom- 
petent persons,  in  the  nature  of  guardians  ad  litem,  to 
protect  their  interests  or  prosecute  appeals,  who  shall  be 
entitled  to  receive  five  dollars  for  their  services  and  at- 
tendance before  the  commissioners,  and  no  other  fees  or 
costs,  unless  upon  an  appeal,  in  which  case  the  judge  who 
shall  hear  the  appeal  shall  fix  upon  the  further  amount  to 
be  allowed  them,  if  any,  and  shall  certify  the  same. 

§  20.  The  costs  and  fees  of  the  attornev  and  counsel  in  costs  and  fees 

.  J  of  proceedings 

any  such  proceedings,  exclusive  of  his  disbursements,  shall 
not  exceed  in  any  case  the  sum  of  two  hundred  dollars, 
unless  on  appeal,  or  when  the  report  is  sent  back  to  the 


62 


Lien  of  assess- 
ments. 


Paving  and 
grading  streets 


Expense,  how 
assessed. 


commissioners;  and  in  such  case  the  judge  who  heard  the 
appeal  may  allow  such  further  sum  in  addition  to  the 
taxed  or  certified  bills  as  he  may  deem  just  and  proper; 
and  such  costs  and  fees  shall  be  paid  into  the  city  treasury 
for  the  use  of  the  city. 

§  21.  All  assessments  for  improvements  in  said  city, 
when  the  same  shall  have  been  confirmed  according  to  the 
provisions  of  this  act,  shall  constitute  and  be  a  lien  upon 
the  property  assessed,  from  the  time  of  such  confirmation, 
which  lien  shall  have  priority  over  all  other  liens  or  in- 
cumbrances. 

§  22.  The  board  of  assessors  shall,  under  such  regula- 
tions as  they  may  adopt,  and  by  at  least  three  of  their 
number,  apportion  and  assess  the  expense  of  regulating, 
grading  and  paving,  or  regrading  and  repaying  streets,  and 
of  constructing  wells  and  pumps,  public  cisterns,  sewers 
and  drains,  lamp-posts  and  lamps,  flagging  sidewalks,  fenc- 
ing and  filling  in  lots,  and  of  all  other  public  improvements, 
except  as  herein  otherwise  directed;  and  the  common 
council 'shall  proceed  in  regard  to  the  assessments  therefor 
in  the  manner  hereinafter  provided. 

[§23.  Upon  a  copy  of  the  resolution  of  the  common 
council  deciding  to  make  any  such  improvement  and  fixing 
the  amount  to  be  assessed  for  the  expense  thereof,  certified 
by  the  city  clerk  and  approved  by  the  mayor,  being  sent 
to  the  board  of  assessors,  they  shall  thereupon  proceed  to 
view  the  premises,  and  shall  assess  the  expense  of  said 
improvement  upon  the  several  lots,  pieces  or  parcels  of 
land  benefited,  in  proportion  to  the  benefit  which,  in  their 
opinion,  the  same  shall  derive  from  or  in  justice  ought  to 
be  assessed  for  the  said  improvement.  But  whenever  any 
of  the  lots,  pieces  or  parcels  of  land  so  benefited,  shall  be 
under  water  and  belong  to  the  state,  the  said  board  of  as- 
sessors shall,  in  respect  to  such  land,  make  such  assessment 
upon  the  right,  interest  and  claim  to  and  in  the  said  land, 


63 


of  the  person  or  persons  who  may  be  entitled  to  a  grant  of 
such  lands  from  the  commissioners  of  the  land  office.  And 
all  the  provisions  of  this  act  applicable  to  said  improve- 
ments, and  the  collection  of  the  assessments  therefor,  shall 
apply  to  such  right,  interest  and  claim,  and  to  the  persons 
entitled  to  the  same.  Nothing  herein  contained  shall  be 
construed  so  as  to  affect  the  title  of  the  state  in  or  to  the 
said  land ;  but  any  person  or  persons  who  shall  take  the 
title  to  said  lands  from  the  state  and  while  the  same  remains 
unpaid,  shall  take  the  same  subject  to  the  lien  of  said  as- 
sessments. Provided  that  the  provisions  herein  contained 
shall  be  deemed  to  apply  to  lands  under  water,  lying  in 
the  eighth,  tenth  and  twelfth  wards  of  the  city  of  Brooklyn, 
and  to  none  others.]* 

§  24.  The  board  of  assessors  shall  make  a  report,  in^ot'ceofassess- 
writing,  of  the  assessment  so  made,  and  before  proceeding 
to  sign  the  same  shall  give  notice  in  the  corporation  news- 
papers of  the  district,  which  notice  shall  be  published  for 
ten  days  successively,  of  the  time  and  place  when  and 
where  the  parties  interested  can  be  heard  ;  and  after  hear- 
ing the  parties,  the  board  of  assessors  shall  proceed  and 
complete  the  report  and  sign  the  same,  and  return  the  said 
report,  with  all  objections  in  writing  which  shall  be  pre- 
sented to  and  left  with  them  by  any  of  the  parties  inter- 
ested, to  the  common  council,  who  shall  refer  the  same,  in 
case  of  any  objections  in  writing,  to  the  proper  committee 
of  the  board.  The  said  committee  shall  publish  a  notice 
in  the  corporation  newspapers  of  the  district,  for  ten  days 
successively,  to  the  parties  interested,  of  the  time  and  place 
when  and  where  they  will  meet  to  hear  them  on  the  ob- 
jections and  report. 

§  25.  The  said  committee  shall  thereupon  examine  the  Report  of  com- 

mittee  to  com- 
mon council. 


*  As  amended.    Laws  of  1857,  Chap.  601. 


64 


Correction  of 
assess  in  en  t. 


Election  of 

assessors. 


Towers  of 
assessois. 


matter  and  report  of  the  common  council,  and  shall  return 
to  them  the  said  report  of  the  board  of  assessors,  with  the 
objections  of  the  parties,  together  with  the  views  and 
opinions  of  the  committee  respecting  the  said  report. 

§26.  The  common  council  shall  thereupon  examine  the 
matter,  and  may  correct  the  said  report  and  assessment, 
send  it  back  to  the  board  of  assessors,  or  confirm  the  same, 
as  they  may  deem  just  and  proper,  and  their  confirmation 
in  the  matter  shall  be  final  and  conclusive. 

§  27.  And  the  like  proceedings  shall  be  had  when  the 
report  of  the  board  of  assessors  is  sent  back  as  in  the  first 
instance. 

§  28.  At  the  annual  election  for  charter  officers,  first  to  be 
held  under  this  act,  there  shall  be  elected  from  each  ward 
one  assessor.  The  assessors  so  elected  shall  constitute  a 
board  of  assessors,  who  shall  be  divided  into  two  classes ; 
the  assessors  of  the  first,  third,  fifth,  seventh,  ninth,  ele- 
venth, thirteenth,  fifteenth  and  seventeenth  wards  shall 
form  the  first  class,  and  the  assessors  of  the  remaining 
wards  shall  form  the  second  class  ;  the  first  class  shall  hold 
office  one  year,  and  the  second  class  shall  hold  office  two 
years  ;  but  after  the  first  year  the  term  of  office  of  both 
classes  shall  be  two  years. 

§  29.  The  said  assessors  shall  have  power  to  examine, 
upon  oath,  every  person  whom  they  shall  believe  ought  to 
be  assessed  for  his  personal  property,  and  shall  also  have 
power  to  examine,  under  oath,  such  other  persons,  as  wit- 
nesses in  relation  thereto,  as  they  may  deem  proper,  and 
for  that  purpose  may  administer  oaths  and  issue  process  to 
compel  the  attendance  of  witnesses  before  them.  Any 
person  who  shall  refuse  to  make,  under  oath,  a  full  disclosure 
of  all  the  facts  necessary  to  enable  the  assessors  to  make  a 
fair  and  just  assessment  of  his  personal  property,  when 
duly  called  upon  by  the  assessors  to  do  so,  or  to  answer 


65 


such  questions  as  may  be  put  to  him  in  relation  thereto, 
shall  be  assessed  a  gross  sum,  which  in  their  judgment 
will  be  the  full  amount  of  his  personal  estate,  and  shall 
forfeit  for  one  year  all  the  rights  and  privileges  given  to 
persons  aggrieved  by  the  assessment  of  assessors  by  the 
law  "  For  the  assessment  and  collection  of  taxes." 

§  30.  The  ward  maps  made  or  to  be  made  shall  be  filed  Ward  maPs- 
in  an  office  to  be  provided  by  the  city  for  the  use  of  the 
board  of  assessors,  and  assessments  on  land  in  the  respec- 
tive wards  shall  refer  to  such  maps,  except  in  cases  of 
opening  streets,  avenues,  squares  and  parks  ;  and  where  a 
portion  of  any  lot  of  land  laid  down  on  said  maps  shall  be 
taken  for  any  improvement,  the  residue  shall  be  deemed 
to  be  held  for  any  assessment  thereon,  and  land  occupied 
by  a  person  other  than  the  owner  may  be  assessed  in  the 
name  of  the  occupant. 

§  31.  The  board  of  assessors  shall  elect  one  of  their  ?res?,deI?t  of 

3  board  of  as- 

number  president,  and  appoint  a  competent  person  as  their sessors- 
secretary,  who  shall  make  out  the  assessment  lists  under 
the  direction  of  said  board,  and  perform  such  other  duties  as 
may  be  required  of  him  by  said  board  or  the  common  coun- 
cil. The  common  council  shall  provide  a  suitable  room 
for  said  assessors,  in  which  they  shall  transact  their  busi- 
ness ;  and  the  assessment  rolls  of  the  several  wards  when 
completed  shall  be  left  for  inspection  and  examination  by 
any  person  interested,  and  of  which  the  assessors  shall 
give  due  notice,  as  required  by  law,  and  the  said  assess- 
ment rolls  shall  be  open  for  inspection  during  thirty  days 
from  the  time  of  the  first  publication  of  such  notice. 

§  32.  The  common  council  shall  fix  an  annual  compen-  Pay  of  assessors, 
sation  for  such  assessors  and  secretary,  to  be  levied  in  the 
annual  tax,  and  may,  by  ordinance,  regulate  the  duties 
under  the  foregoing  provision,  and  remove  such  assessors 
for  incompetency  or  neglect  of  duty. 


G6 


Assessment 
laws. 


§  33.  All  provisions  of  law  now  applicable  to  the  as- 
sessors of  Brooklyn,  or  towns  of  this  state,  in  relation  to 
the  assessment  and  collection  of  taxes  in  said  city,  not  in- 
consistent with  this  act,  are  hereby  declared  to  apply  to 
the  assessors  elected  under  this  act. 
streets  in  firet       §  34.  The  common  council  shall  have  power  to  lav  out 

live  wards.  v  c  j 

streets  within  the  first  five  wards  of  the  city,  where  such 
improvements  may  be  deemed  proper,  although  the  same 
have  not  been  laid  out  on  any  public  map  of  the  town, 
village  or  city  of  Brooklyn,  and  to  extend  or  lengthen 
streets  heretofore  laid  out  by  law  in  any  part  of  said  city, 
upon  the  written  application  of  a  majority  of  the 'persons 
owning  the  property  on  the  portion  of  the  street  to  be 
added  by  such  extension.  All  provisions  of  law  applicable 
to  such  improvements,  and  to  the  opening  and  subsequent 
improvement  of  streets,  shall  be  applied  to  the  streets  to 
be  laid  out,  extended  or  lengthened ;  and  all  such  pro- 
visions are  hereby  extended  over  and  applied  to  the  land 
covered  with  water  between  the  line  of  bulkhead  as  now 
actually  existing  and  the  permanent  water  line  as  hereto- 
fore established  by  law,  and  lying  north  and  east  of  the 
westerly  line  of  Fulton  street  continued  out  to  such  water 
line ;  and  the  city  of  Brooklyn  shall  have  jurisdiction  over 
such  land  covered  with  water  for  the  purpose  of  making 
such  improvements. 

TITLE  V. 

OF  THE  COLLECTION  OF  TAXES  AND  ASSESSMENTS. 

[Section  1.  There  shall  be  elected  at  the  election  in 
Election  of  coi-  November,  eighteen  hundred  and  fifty-six,  and  every 
third  year  thereafter,  a  collector,  who  shall  hold  his 
office  for  the  term  of  three  years,  and  until  his  successor 
shall  be  elected  in  his  place  and  duly  qualified,  to  be 
called  the  collector  of  taxes  and  of  assessments  of  the 
city  of  Brooklyn.    The  common  council  shall  provide  a 


67 


suitable  office,  which  shall  be  kept  open  during  such  hours 
as  the  common  council  shall  designate,  on  each  day  in  the 
year,  except  Sundays  and  such  holidays  as  shall  be  ob- 
served by  the  general  custom  of  said  city  or  by  recommen- 
dation of  public  authority.]* 

§  2.  The  said  collectors  shall  respectively  execute  a  bondBonds- 
to  the  city  of  Brooklyn,  with  at  least  two  sureties,  who 
shall  be  freeholders  in  the  county  of  Kings,  in  such  penalty, 
not  less  than  one  hundred  thousand  dollars  for  the  collector 
of  the  western  district,  and  sixty  thousand  dollars  for  the 
collector  of  the  eastern  district,  as  the  common  council 
shall  direct,  conditioned  for  the  faithful  performance  of  the 
duties  of  their  office,  and  for  accounting  and  paying  over, 
as  directed  by  law,  all  moneys  which  shall  be  received  by 
them  as  such  collectors.  Such  sureties  shall  severally 
justify,  under  oath,  to  be  endorsed  on  said  bond,  in  sums 
which,  together,  shall  constitute  at  least  double  the  amount 
of  the  penalty  of  the  bond,  to  be  approved  by  the  common 
council.  The  bond  shall  be  filed  with  the  clerk  of  the 
county  of  Kings ;  and  if  not  filed  within  twenty  days  after 
the  collectors  shall  be  notified  of  their  election,  the  office 
shall  be  deemed  vacant ;  and  no  collector  shall  enter  upon 
the  duties  of  his  office  until  said  bond  shall  be  duly  ex- 
ecuted, approved  and  filed.  The  collector's  sureties  shall 
also  be  renewed  during  the  term  of  his  office,  whenever 
and  as  often  as  the  common  council  shall  direct,  and  if  not 
so  renewed  within  twenty  days  after  notice  to  the  collector, 
his  office  shall  be  deemed  vacant. 

§  3.  The  common  council  may,  by  resolution,  suspend  a  collector^ 


*  As  amended.  Laws  of  1855,  Chap.  496.  By  the  same  act  the  office 
of  collector  of  taxes  of  the  eastern  district,  as  provided  by  this  section 
before  it  was  amended  as  above,  was  abolished,  and  all  the  other  provi- 
sions of  this  title  are  made  applicable  to  the  collector  of  the  whole  city 
by  this  section,  as  amended,  to  be  elected. 


68 

collector  for  official  neglect  or  misconduct,  in  which  case 
they  shall  immediately  cause  written  notice,  with  a  copy 
of  the  charges  thereof,  to  be  left  at  his  office ;  they  shall 
then  proceed  to  investigate  the  charges  against  him,  and  if 
such  charges  are  sustained,  may  remove  him  from  office  in 
the  manner  hereinbefore  provided  for  the  removal  of  other 
officers  of  the  city  government. 

wuectori  §  ^.  Each  collector  shall,  as  soon  as  may  be  after  he  has 

taken  upon  himself  the  execution  of  his  office,  appoint 
some  proper  person  assistant  collector  of  taxes  and  assess- 
ments, to  hold  his  appointment  during  the  pleasure  of  such 
collector,  and  he  shall,  as  often  as  a  vacancy  shall  occur  in 
the  office  of  assistant  collector,  appoint  another  in  his 
place ;  and  whenever  a  vacancy  shall  occur  in  the  office 
of  collector,  the  said  assistant  collector  shall  execute  the 
powers  and  discharge  the  duties  of  collector  until  another 
collector  shall  be  appointed. 

Deputies.  g  5^  Each  collector  may  also,  with  the  consent  of  the 

common  council,  appoint  as  many  deputies  as  he  may 
think  proper,  who  shall  hold  their  appointment  during 
the  pleasure  of  the  common  council.  Every  appointment 
of  an  assistant  collector,  or  of  a  deputy  collector,  shall  be 
in  writing,  under  the  hand  and  seal  of  the  collector,  and 
shall  be  filed  in  the  office  of  the  clerk  of  the  county ;  and 
every  such  assistant  or  deputy  shall,  before  he  enters  on 
the  execution  of  the  duties  of  his  office,  take  the  oath  pre- 
scribed in  the  constitution,  and  the  collector  may  require 
of  him  a  bond  and  sureties  for  the  performance  of  his 
duties.  Any  default  or  misfeasance  in  office  of  any  such 
assistant  or  deputy  shall  be  deemed  to  be  a  breach  of  the 
condition  of  the  bond  given  by  the  collector  who  ap- 
pointed him. 

Their  powers.  g  g#  ~Each  assistant  collector  shall  have  the  same  power 
as  the  collector,  except  that  of  the  appointment  of  de- 
puties; and  the  collector,  assistant  collector,  and  deputy 


69 


collectors  shall  have  the  same  powers  as  the  collectors  in 
the  several  towns  in  this  state  ;  but  such  assistants  and 
deputies  shall,  in  the  exercise  of  their  powers,  be  subject 
to  the  direction  and  control  of  the  collector. 

§  7.  If  any  person  who  shall  have  become  surety  for  aRenewalofbond' 
collector  shall,  by  notice  in  writing,  to  be  served  on  the 
mayor  or  clerk  of  the  common  council,  require  the  said 
collector  to  renew  his  official  bond,  such  person  shall  be 
discharged  from  all  future  liability  as  such  surety  from  and 
after  the  settlement  of  the  accounts  of  the  collector  for 
moneys  received  prior  to  such  discharge,  who  shall  be 
required  to  make  such  settlement  within  thirty  days  after 
notice  from  the  common  council  to  that  effect. 

§  8.  There  shall  be  added  to  and  included  in  everv  tax  Expense  of 

i  *i  i  ,      -.        ,         n^       I7,  collection. 

and  assessment  levied  and  assessed  m  the  city  of  Brooklyn, 
the  sum  of  five  per  cent,  upon  the  amount  of  such  tax  and 
assessment  for  the  expense  of  collection,  which,  together 
with  the  amount  to  be  added  for  neglect  to  pay  within  the 
time  specified  in  the  warrants  of  the  collectors,  as  here- 
inafter provided,  shall  be  for  the  use  of  said  city.  The 
common  council  shall  fix  the  salary  or  other  compensation 
to  be  paid  to  the  collectors,  their  assistants  and  deputies,  and 
pay  the  same  to  them  out  of  the  moneys  raised  by  tax  for 
city  purposes ;  and  neither  the  said  collectors  nor  their 
assistants  or  deputies  shall  receive  any  other  or  further 
compensation  for  services  or  for  other  expenses  of  their 
offices  ;  but  the  common  council  shall  provide  for  said  col- 
lectors all  necessary  desks,  furniture,  fuel,  lights,  books 
and  blank  forms. 

§  9.  If  any  collector,  assistant  collector  or  deputy  col-  Embezzlement 

•  '  r     J  or  loaning  of 

lector  shall  convert  to  his  own  use,  in  any  way  whatever,  Public  moneys- 
or  shall  use  by  way  of  investment  in  any  kind  of  property 
or  merchandise,  or  shall  loan,  in  any  way,  any  portion  of 
the  moneys  received  or  collected  by  him  as  such  collector, 


70 


assistant  or  deputy  collector,  every  such  act  shall  be  deem- 
ed and  adjudged  to  be  an  embezzlement  of  so  much  of  said 
moneys  as  shall  be  thus  taken,  invested,  used  or  loaned, 
which  is  hereby  declared  to  be  a  felony,  punishable  by  im- 
prisonment in  a  state  prison  for  a  term  not  exceeding  five 
years. 

Assessment  roils.  §  io.  The  board  of  supervisors  of  the  county  of  Kings 
shall  cause  the  corrected  assessment  rolls  of  the  several 
wards,  or  fair  copies  thereof,  with  warrants  for  collection, 
to  be  delivered  to  the  respective  collectors  on  or  before  the 
first  day  of  October,  in  each  year  ;  and  the  common  coun- 
cil shall  cause  every  assessment  roll  made  for  any  improve- 
ment in  said  city,  or  fair  copies  thereof,  with  a  warrant  for 
collection  to  be  delivered  to  said  collectors  within  ten  days 
after  the  same  shall  be  finally  confirmed.  But  no  warrant 
for  the  collection  of  any  assessment  shall  be  issued  by  the 
common  council  until  all  the  proceedings  had  in  laying  said 
assessment  shall  have  been  examined  and  certified  as  cor- 
rect by  the  street  commissioner  and  the  attorney  and  coun- 
sel of  the  city,  which  certificate  shall  be  endorsed  upon  or 
annexed  to  the  assessment  roll,  and  shall  be  conclusive 
evidence  as  to  the  regularity  of  the  proceedings. 

warrants.  §11.  The  warrants  of  the  board  of  supervisors  shall  be 

under  their  hands  and  seals,  or  the  hands  and  seals  of  a 
majority  of  them,  and  shall  require  the  collectors,  out  of 
the  moneys  to  be  collected,  to  pay  over  to  the  city  treasurer 
such  sum  as  shall  be  raised  for  the  city  purposes,  and  to  the 
county  treasurer  the  residue  of  said  moneys  within  one 
hundred  and  eighty  days  from  the  date  of  such  warrants. 
The  warrants  of  the  common  council  shall  be  signed  by 
the  mayor,  and  shall  be  under  the  corporate  seal  of  the 
city,  attested  by  the  clerk,  and  shall  require  the  collec- 
tors to  pay  the  moneys  to  be  collected  to  the  city  treasury 
within  one  hundred  and  twenty  days  from  the  date  there- 
of ;  and  to  collect  from  the  several  persons  named  in  the 


71 


assessment  roll  annexed  thereto  the  several  sums  mention- 
ed in  the  last  column  of  such  roll  opposite  to  their  respec- 
tive names,  and  shall  not  be  renewable  except  in  cases 
where  the  collection  has  been  stayed  by  any  legal  pro- 
ceedings; and  in  such  cases  the  common  council  shall 
have  power,  after  the  cessation  of  such  stay,  to  cause  new 
warrants  to  be  issued  to  the  collectors  for  the  full  term  of 
one  hundred  and  twenty  days,  as  if  no  previous  warrant 
had  been  issued.  This  provision  shall  apply  to  all  cases 
where  the  collection  has  been  or  hereafter  may  be  stayed 
by  any  legal  process  or  proceedings. 

§  12.  As  soon  as  practicable  after  the  annual  tax  rolls  Abstract  of  roils, 
shall  have  been  delivered  to  the  collectors,  they  shall,  in 
books  to  be  provided  for  that  purpose,  prepare  an  abstract 
of  said  rolls,  adding  thereto  all  taxes  and  assessments  as 
shall  from  time  to  time  thereafter  become  chargeable  upon 
such  property,  to  the  end  that  said  abstract  shall  at  all 
times  exhibit  in  a  condensed  form  all  existing  charges 
against  the  property  as  accurately  as  practicable. 

§  13.  The  collectors  shall  receive  the  taxes  and  assess-  Paying  ovt-r  and 
ments  mentioned  in  said  rolls,  and  shall  on  the  same  day  collectors, 
that  they  receive  the  same  pay  over  to  the  city  treasurer 
all  moneys  which  shall  have  been  received  by  them  for 
taxes  and  assessments  for  city  purposes  or  for  local  im- 
provements, and  render  to  the  comptroller  of  the  citv  a 
just  and  true  account  of  the  same.  They  shall  also,  every 
week,  and  as  much  oftener  as  required  by  the  county  trea- 
surer, at  the  collector's  office,  render  a  like  account  of  moneys 
received  for  taxes  payable  to  the  county  treasurer,  and  at 
the  same  time  pay  over  such  moneys  to  the  said  county 
treasurer. 

§  14.  All  taxes  and  assessments,  which  shall  be  paid  to  Taxes  paid 
the  collectors  within  thirty  days  after  such  tax  or  assessment  days.m  tlurt> 
roll  shall  have  been  delivered  to  them,  shall  be  received 


ixty  days. 


72 

by  them  without  any  additional  charge ;  on  all  taxes  or 
assessments  which  shall  be  paid  them  after  the  expiration 
of  thirty  days,  and  within  sixty  days  after  such  delivery, 
they  shall  add  one  per  cent.,  and  one  per  cent,  shall  be 
added  for  every  thirty  days  thereafter  until  such  tax  or 
assessment  shall  be  paid ;  when  such  per  centage  shall 
amount  to  ten  per  cent.,  from  which  time  interest  at  the 
rate  of  seven  per  cent,  per  annum  shall  be  added. 

SerisoSayl  §  ^  anJ  °^  taxes  mentioned  in  the  assessment 
rolls  annexed  to  the  warrants  from  the  board  of  supervi- 
sors shall  remain  unpaid  at  the  expiration  of  one  hundred 
and  eighty  days  from  the  time  the  said  assessment  rolls 
shall  be  delivered  to  them,  and  the  collectors  shall  not  be 
able  to  collect  the  same,  they  shall  deliver  to  the  county 
treasurer  an  account  of  the  taxes  so  remaining  due  in  their 
respective  districts,  with  an  affidavit  as  required  by  law  of 
collectors  of  towns  ;  they  shall  respectively  be  credited  by 
the  county  treasurer  with  the  amount  thereof,  and  if  any 
of  the  assessments  mentioned  in  the  assessment  rolls  an- 
nexed to  their  respective  warrants  from  the  common  coun- 
cil shall  remain  unpaid  at  the  expiration  of  the  said  one  hun- 
dred and  twenty  days,  and  the  collectors  shall  not  be  able 
to  collect  the  same,  they  shall  deliver  to  the  comptroller  of 
said  city  an  account  of  the  assessments  so  remaining  due, 
with  an  affidavit  as  hereinafter  mentioned. 


credited  to 
collectors, 


SXtedto"*  §16-  The  county  treasurer  and  comptroller  respect- 
ively shall,  upon  receiving  such  account  of  unpaid  taxes 
or  assessments,  compare  the  same  with  the  original  tax  or 
assessment  roll,  and  if  he  find  it  to  be  a  true  transcript 
thereof,  he  shall  add  to  it  a  certificate  showing  that  he  had 
compared  the  account  with  the  tax  or  assessment  roll,  and 
found  the  same  correct ;  and  after  crediting  the  collector 
with  the  amount,  shall,  within  fifteen  days  after  receiving 
such  account,  transmit  the  account,  certified  as  aforesaid, 


73 


with  the  collector's  affidavit,  back  to  the  collector  of  taxes 
and  assessments  rendering  such  account. 

§  17.  If  the  collectors  shall  refuse  or  neglect  to  pay  to  Sectors- bonds, 

05  D  r  v        wuen  to  be  sued. 

the  city  treasurer  or  the  county  treasurer  the  sums  re- 
quired by  their  warrants  respectively  to  be  paid  them  or 
either  of  them,  or  to  account  for  the  same  if  unpaid,  as 
hereinbefore  provided,  within  twenty  days  after  the  time 
when  such  payment  ought  to  have  been  made,  the  com- 
mon council  shall,  upon  receiving  notice  thereof  from  the 
county  treasurer  or  comptroller,  cause  the  bond  of  such 
collector  to  be  put  in  suit,  and  shall  be  entitled  to  recover 
the  sum  due  from  such  collector,  with  costs  of  suit ;  and 
the  moneys  recovered  shall  be  applied  and  paid  by  the 
common  council  in  the  same  manner  in  which  it  was  the 
duty  of  the  collector  to  have  applied  and  paid  the  same. 

§  18.  The  county  treasurer  and  comptroller,  respect- Treasurer  and 

"  J  .  comptroller  may 

ively,  may  receive  any  tax  or  assessment  while  such  ac-  receive  taxes. 

counts  are  in  their  hands,  charging  the  additional  per 

centage  thereon,  as  hereinbefore  provided.    They  shall 

give  a  receipt  for  such  payments,  and  make  return  thereof 

to  the  respective  collectors  of  taxes  and  assessments,  who 

shall  note  such  payment  on  the  original  tax  or  assessment 

roll  or  copy  thereof  in  their  offices. 

§  19.  Before  any  account  of  unpaid  taxes  shall  be  Rejection  of 

x  taxes  for  imper- 

transmitted  by  the  county  treasurer  to  the  collectors  of  fret  descriptions, 
taxes  and  assessments,  he  shall  examine  them,  and  reject 
all  taxes  which  shall  be  found  to  be  charged  for  person- 
alty, or  on  lands  imperfectly  described,  and  shall  furnish 
and  transmit  a  certified  statement  of  the  same  to  the  comp- 
troller and  the  respective  collectors  of  taxes  and  assess- 
ments, and  the  supervisors  of  the  county,  and  shall  from 
time  to  time  furnish  to  the  common  council  or  its  officers 
a  full  statement  of  the  taxes  remaining  unpaid,  or  of  the 
6 


74 


sale  of  any  lots  or  pieces  of  land  for  taxes,  as  may  be  called 
for  by  the  common  council. 

Rejected  taxes      ft  20.  The  said  supervisors  shall  cause  the  amount  of 

to  be  relevied.  °  \      ,   *  . 

rejected  taxes  to  be  levied,  m  the  next  assessment  rolls, 
on  the  taxable  property  of  the  respective  wards  in  which 
they  were  before  levied,  and  shall  direct  the  same  to  be 
collected  with  the  other  taxes  next  collected  in  such 
wards  ;  and  the  board  of  assessors  shall  cause  said  descrip- 
tions to  be  corrected  in  the  next  assessment  rolls. 

Rejected  assess-     ft  21  Whenever  the  street  commissioner  and  the  at- 

ments.  o        *  . 

torneys  and  counsel  of  the  city  shall  reject  any  assessments 
for  local  improvements  (which  they  are  hereby  authorized 
and  empowered  to  do,)  they  shall  forthwith  report  the 
same  and  the  reasons  therefor  to  the  common  council ; 
and  the  common  council  shall,  in  case  they  shall  have  been 
rejected  for  irregularity  in  the  proceedings,  or  for  the  im- 
perfect descriptions  of  the  lands,  cause  the  amount  thereof 
to  be  reassessed  ;  and  the  common  council  are  hereby  au- 
thorized and  empowered  to  have  such  reassessments  made 
in  the  same  manner  as  the  original  assessment  should  have 
been  made;  and  such  reassessment  shall  have  the  same, 
effect  as  if  the  assessment  had  originally  been  properly 
made. 

unpaid  assess-      ft  22.  The  common  council,  in  case  any  such  unpaid 

ments  for  want         0  ,    ,„    ,  .  ,    „  ,     «  .      .  j.  ,. 

of  jurisdiction.1  assessments  shall  be  rejected  for  want  ot  jurisdiction  m 
making  the  improvement,  shall  cause  the  expense  of  the 
proceedings  and  all  damages  consequent  thereon  to  be  ad- 
ded to  the  amount  directed  to  be  laid  in  the  next  annual 
taxes  for  city  purposes,  and  when  collected  to  be  paid  to 

Reassessments,  the  parties  who  shall  be  entitled  thereto.  Whenever  any 
moneys  shall  have  been  paid  for  an  assessment,  and  a  re- 
assessment shall  be  made  in  pursuance  of  this  section,  the 
amount  shall  be  credited  on  such  reassessment  to  the  pro- 
perty on  which  the  assessment  was  made  ;   and  in  case  of 


75 


any  alteration  on  the  reassessment,  whereby  the  amount  so 
paid  shall  exceed  the  amount  reassessed  on  the  same  pro- 
perty, such  surplus  shall  be  repaid  to  the  person  who  may 
have  paid  the  same  ;  and  in  case  it  shall  be  insufficient  to 
pay  the  amount  reassessed,  the  deficiency  shall  be  collected 
in  the  same  manner  as  other  assessments. 

§  23.  Upon  affidavit  being  made  before  the  comptrol-  Unpaid  assess- 
or, or  before  any  other  person  authorized  to  administer  estate, 
oaths  in  the  county  of  Kings,  by  the  collector  to  whom 
any  warrant  for  the  collection  of  any  assessments  shall  be 
delivered  as  aforesaid,  his  assistant  or  one  of  his  deputies, 
that  the  sums  mentioned  in  any  such  account  of  assess- 
ments, rendered  to  the  comptroller,  by  him,  remain  un- 
paid, and  that  he  has  not,  upon  diligent  inquiry,  been  able 
to  discover  any  goods  or  chattels  belonging  to  or  in  pos- 
session of  the  persons  residing  in  the  city  of  Brooklyn 
charged  with  or  liable  to  pay  such  sum  whereon  he  could 
levy  the  same,  and  that  within  forty  days  after  the  war- 
rant was  delivered  to  him  he  caused  a  written  or  printed 
notice  to  be  served  personally  on  or  left  at  the  place  of 
residence  of  the  person  or  persons  charged  with  or  liable 
%o  pay  such  assessment,  if  a  resident  of  the  city,  or  if  not  a 
resident  of  the  city,  that  he  has  deposited  a  notice  in  one 
of  the  post  offices  in  said  city,  addressed  to  the  person  or 
persons  assessed,  at  his,  her,  or  their  last  known  place  of 
residence,  and  that  he  has  also  caused  a  notice  to  be  pub- 
lished in  the  corporation  newspapers  of  the  district,  desig- 
nated as  provided  by  this  act,  once  a  week  for  six  weeks 
successively  prior  to  the  expiration  of  this  warrant,  which 
notice  shall  contain  the  name  or  title  of  the  improvement, 
the  names  of  the  persons  who  have  not  paid,  the  amount 
due  from  each,  the  time  when  the  warrant  will  expire,  and 
that  the  property  assessed  will  be  returned  for  sale,  if  such 
assessment  be  not  paid,  such  collector  shall  be  credited  by 
the  comptroller  with  the  amount  of  said  account. 


76 


J^jjjj}  mSbs-  §  24,  Wnenever  »n3r  tax  or  assessment  shall  remain 
jjjntetobepub-tinpaid,  and  the  rolls  containing  the  same  shall  have  been 
re-delivered  to  the  collector  by  the  county  treasurer  or 
comptroller,  as  aforesaid,  such  collector  of  taxes  and  assess- 
ments shall  cause  a  list  thereof,  signed  by  him,  to  be  pub- 
lished in  the  corporation  newspapers  of  the  district,  desig- 
nated as  provided  by  this  act,  together  with  a  notice  re- 
quiring the  same  to  be  paid,  with  interest  as  aforesaid,  and 
expenses,  on  or  before  a  certain  day,  to  be  therein  desig- 
nated, which  shall  not  be  less  than  twelve  weeks  from  the 
first  publication  thereof.  Such  list  and  notice  shall  be 
published  once  a  week  for  twelve  weeks  successively  in 
the  corporation  newspapers,  describing,  with  all  convenient 
certainty,  the  land  taxed  or  assessed,  specifying  the  street, 
avenue  or  road  on  which  it  fronts,  on  which  side  thereof, 
and  near  or  between  what  streets  it  may  lie,  together  with 
the  name  of  the  person  to  whom  the  same  was  taxed  or 
assessed,  and  the  name  of  the  present  owner  when  known 
to  the  collector. 


pnbSU.  §  25.  Evey  printer  by  whom  any  such  list  and  notice 
shall  be  published,  shall  within  ten  days  after  the  last 
publication  thereof,  deliver  to  the  collector  of  taxes  and  • 
assessments,  signing  the  same,  an  affidavit  of  due  publi- 
cation, made  by  some  person  to  whom  the  fact  of  publica- 
tion shall  be  made  known. 


Bale  of  lands. 


§  26.  If  any  such  tax  or  assessment  remain  unpaid  on 
the  day  specified  in  said  notice,  the  collector  shall  proceed 
to  sell  by  public  auction,  at  the  city  hall  of  said  city,  the 
property  on  which  said  tax  or  assessment  shall  have  been 
imposed,  for  the  lowest  term  of  years  for  which  any  person 
will  take  the  same  and  pay  the  amount  of  such  tax  or  as- 
sessment, with  the  interest  and  expenses,  and  he  shall  con- 
tinue the  sale  from  time  to  time  until  all  such  lands  shall 
be  sold.  He  shall  thereupon  deliver  to  the  purchaser  a 
certificate  of  such  sale,  and  note  the  same  on  the  original 


77 


tax  or  assessment  rolls,  and  on  the  abstracts  hereinbefore 
directed  to  be  kept  in  his  office ;  such  certificate  of  sale 
shall  be  recorded  in  the  collector's  office,  in  proper  books 
kept  for  that  purpose,  and  shall  constitute  a  lien  upon  the 
lands  and  premises  therein  described,  after  the  same  shall 
have  been  so  recorded ;  and  no  assignment  of  any  certifi- 
cate given  on  the  sale  of  lands  for  any  taxes  or  assess- 
ment shall  have  any  effect  until  notice  of  the  same,  with 
the  name  and  residence  of  the  assignee,  shall  be  filed  in 
the  office  of  the  collector  of  taxes  and  assessments  of  the 
district  in  which  the  said  lands  are  situated. 

§  27.  No  mortgagee,  whose  mortgage  shall  have  been  Mortgagees, 

J  °  °     »  °  °  notice  to. 

duly  recorded  before  sale  for  any  tax  or  assessment,  shall 
be  divested  of  his  rights  in  such  property,  unless  six 
months'  notice  in  writing  of  such  sale  shall  have  been 
given  to  him  by  the  purchaser  or  of  those  claiming  under 
him,  personally,  if  a  resident  of  the  county  of  Kings  or  a 
county  adjoining  thereto,  and  if  not  such  a  resident,  then 
upon  the  owner  of  the  premises,  if  he  be  a  resident  of 
Kings  county  or  a  county  adjoining  thereto,  and  by  de- 
positing such  notice  in  one  of  the  post  offices  of  said  city, 
*  directed  to  the  mortgagee  at  his  place  of  residence,  as 
stated  in  the  mortgage  or  assignment  thereof ;  but  nothing 
herein  contained  shall  be  so  construed  as  to  impair  the  lien 
created  by  such  sale. 

§  28.  Within  a  month  after  the  service  of  such  notice,  Affidavit  of 

service 

it  shall  be  the  duty  of  the  person  serving  or  causing  the 
same  to  be  served,  to  file,  in  the  office  of  the  collector  of 
taxes  and  assessments  of  the  district,  a  copy  of  the  notice 
served,  together  with  the  affidavit  of  some  person,  who 
shall  be  certified  by  the  officer  before  whom  said  affidavit 
shall  be  taken  to  be  a  creditable  person,  proving  the  due 
service  of  said  notice. 

§  29.  The  owner,  mortgagee,  occupant  or  any  other  per-  Redemption, 
son  interested  in  such  land  may,  at  any  time  within  two 


78 


Conveyance, 
when  to  be 
made. 


Infant  and  in- 
competent 
owners. 


Collectors' 
duties  in  rela- 
tion to  unpaid 
taxes. 


years  after  the  sale  for  either  tax  or  assessment,  redeem  the 
said  land  by  paying  to  the  collector  of  taxes  and  assess- 
ments in  the  district  in  which  said  lands  are  situated,  for 
the  use  of  said  purchaser,  the  said  purchase  money,  to- 
gether with  any  other  tax  or  assessment  which  the  said 
purchaser  may  have  paid,  chargeable  on  said  land,  and 
which  he  is  hereby  authorized  to  do,  provided  a  notice 
thereof  has  been  filed  in  the  office  of  such  collector,  with 
fifteen  per  cent,  per  annum  in  addition  thereto,  and  the 
certificate  of  such  collector,  stating  the  payment,  and 
showing  what  land  such  payment  is  intended  to  redeem, 
shall  be  evidence  of  such  redemption.  The  mortgagee 
shall  have  power  to  redeem  at  any  time  until  after  the  ex- 
piration of  the  six  months  specified  in  the  twenty-seventh 
section  of  this  title. 

§  30.  Upon  the  receipt  of  such  moneys  by  such  collec- 
tor, he  shall  cause  the  same  to  be  refunded  to  the  pur- 
chaser, his  legal  representatives  or  assigns,  and  all  pro- 
ceeding in  relation  to  said  sale  shall  cease ;  but  if  said 
moneys  shall  not  be  paid  according  to  the  exigency  of  said 
notice,  such  collector  shall  proceed  to  execute  a  convey- 
ance of  the  property  so  sold,  as  hereinafter  provided. 

§  31.  Whenever  such  collector  shall  receive  satisfactory 
information  that  the  land  so  sold  belongs  to  an  idiot  or  in- 
sane person,  for  whose  estate  no  committee  shall  have  been 
appointed,  or  to  an  infant  having  no  guardian,  he  shall  not 
execute  a  conveyance  of  their  lands  until  at  least  one 
month  after  he  shall  have  legal  evidence  that  such  dis- 
ability has  been  removed,  or  a  committee  or  guardian  of 
their  estate  has  been  appointed.  And  until  the  expiration 
of  said  month  such  committee  or  guardian  may  redeem 
such  land,  in  the  manner  hereinbefore  provided. 

§  32.  The  said  collectors  shall  note  all  payments  made 
to  them  after  any  account  of  unpaid  taxes  or  assessments 
shall  be  sent  back  to  them  by  the  county  treasurer  or 


• 


79 


comptroller,  as  aforesaid,  and  if  a  sale  be  had  they  shall 
also  note  that  fact  on  the  original  tax  or  assessment  roll,  or 
copy  thereof,  in  his  office,  and  the  memorandum  of  pay- 
ment on  any  tax  or  assessment  roll,  or  copy  thereof,  in  the 
office  of  such  collector,  shall  be  sufficient  evidence  of  such 
payment.  They  shall  also  forthwith,  upon  receiving  the 
same,  render  to  the  treasurer  of  the  city  an  account  of  the 
proceeds  of  any  sale  for  unpaid  assessments,  and  of  any 
money  received  or  collected  by  them  that  may  be  paid  to 
such  treasurer,  and  at  the  same  time  pay  over  the  said 
moneys  received  by  them ;  and  said  collectors  shall  also 
render  to  the  treasurer  of  the  county  an  account  of  the 
proceeds  of  any  sale  for  unpaid  taxes,  and  of  any  moneys 
received  or  collected  by  them  that  may  be  paid  to  such 
treasurer,  and  at  the  same  time  pay  over  said  moneys  re- 
ceived by  them. 

§  33.  The  collector  of  the  district  where  the  laud  sold  onveyi 
for  any  tax  or  assessment  shall  not  have  been  redeemed,  as 
by  this  act  provided,  shall  execute  to  the  purchaser  or  his 
assigns,  pursuant  to  the  terms  of  sale,  a  proper  conveyance 
of  the  lands  so  sold  by  him,  which  shall  contain  a  brief 
statement  of  the  proceedings  had  for  the  sale  of  said  lands, 
and  shall  be  evidence  that  such  sale  and  other  proceedings 
were  regularly  made  and  had  according  to  the  provisions 
of  this  act.  He  shall  also  forthwith  note  the  same  on 
the  assessment  rolls  and  abstract  kept  in  his  office.  The 
grantee  shall  be  entitled  as  against  all  persons  whomsoever 
to  the  possession  of  said  premises,  and  to  the  rents,  issues 
and  profits  thereof,  pursuant  to  the  terms  of  his  convey- 
ance, and  shall  be  entitled  to  obtain  possession  of  his  lands 
by  summary  proceedings,  in  the  same  manner  as  is  pro- 
vided by  law  for  the  removal  of  persons  who  hold  over  or 
continue  in  possession  of  real  estate  sold  by  virtue  of  an 
execution  against  them. 


80 


TITLE  VI 

OF  THE  DAY  AND  NIGHT  POLICE  DEPARTMENT  * 

officers.  Section  1.  The  department  of  police  shall  consist  of 

one  chief,  one  captain  for  each  police  district,  and  such 
number  of  policemen  under  each  captain  as  the  common 
council  may  from  time  to  time  designate. 

Chief-  §  2.  The  chief  shall  be  elected  by  the  city  every  three 

years.  He  shall  have  an  office  in  the  city  hall,  where  he 
shall  be  in  attendance  at  such  hours  as  shall  be  fixed  by 
the  common  council,  and  shall  receive  a  salary  to  be  fixed 
by  said  common  council. 

rowers.  §  3.  He  shall  have  power  within  the  county  of  Kings  to 

issue  process,  directed  to  some  other  proper  officer,  for  the 
apprehension  of  persons  charged  with  any  offence,  and  to 
exercise  all  the  powers  and  duties  conferred  upon  alder- 
men and  justices  of  the  peace  in  and  by  title  second, 
chapter  second,  part  fourth  of  the  revised  statutes  of  the 
state  of  New  York ;  and  in  all  such  cases  he  shall  proceed 
in  the  same  manner  and  be  governed  by  all  laws  relative 
to  justices  of  the  peace,  in  like  cases.  lie  shall  be  chief 
of  the  police  department,  and  the  medium  of  correspond- 
ence with  the  police  authorities  of  other  cities  and  towns. 


*  By  the  act  entitled  "An  Act  to  establish  a  Metropolitan  Police  Dis- 
trict and  to  provide  for  the  government  thereof,"  passed  April  15,  1857, 
all  provisions  of  law  inconsistent  therewith  are  declared  to  be  repealed ; 
and  "wherever  in  any  statute  not  inconsistent  with  that  act  the  word 
chief  of  police  shall  occur,  it  shall  be  taken  to  mean  general  superin- 
tendent of  police ;  in  like  manner  the  word  captain  of  police  shall  be 
deemed  to  mean  inspector  or  captain  of  police;  in  like  manner  the  word 
lieutenant  or  assistant  captains  of  police  shall  be  taken  to  mean  sergeants 
of  police  ;  and  the  words  policemen  and  patrolmen  shall  be  identical  in 
meaning  in  any  act  not  repealed  by  this  act." 


81 


He  shall  receive  the  reports  from  the  several  captains  of 
the  districts  of  the  city,  keep  all  proper  books,  registers 
and  records  in  his  office,  under  the  direction  of  the  com- 
mon council ;  report  to  the  corporation  attorney  all  viola- 
tions of  city  ordinances  that  come  to  his  knowledge  ;  and 
shall  obey  and  cause  the  police  department  to  obey  the 
rules  and  regulations  prescribed  by  the  ordinances  of  the 
common  council.  He  shall  repair  to  the  scenes  of  fire  and 
riot,  and  take  command  of  the  police  there  present ;  may 
at  any  time  direct  all  or  any  of  the  police  of  the  city  to 
any  place  where  their  services  may  be  deemed  necessary? 
and  shall  perform  all  such  other  duties  as  may  from  time 
to  time  be  prescribed  by  the  ordinances  of  the  common 
council ;  but  nothing  herein  contained  shall  be  taken  to 
abridge  the  power  of  the  mayor  as  the  chief  executive 
officer  of  the  city. 

§  4.  The  common  council  may,  if  they  deem  it  neces-  cierks. 
sary,  provide  for  the  allowance  of  a  clerk  to  the  chief,  and 
shall  fix  his  compensation.    Such  clerk  shall  be  appointed 
and  removed  at  pleasure  by  the  chief. 

§  5.  The  captains  of  the  police  districts  shall  be  elected  CaPtaiDS- 
every  two  years,  and  shall  receive  a  stated  salary,  to  be 
fixed  by  the  common  council ;  each  of  the  captains  shall 
keep  an  office  at  the  office  of  the  police  district  within 
which  his  ward  shall  be  situated,  and  shall  keep  all  such 
books,  registers  and  records  as  may  be  necessary  for  the 
proper  performance  of  his  duties  or  as  the  common  council 
may  prescribe. 

§  6.  Every  captain  of  police  shall  perform,  within  the  Jjjjjta* 
district  for  which  he  shall  be  elected  (aided  and  assisted  by 
the  policemen  of  the  ward  or  wards,)  such  duties  in  rela- 
tion to  the  inspection  of  wells  and  pumps,  of  lamps,  of 
public  cisterns,  of  pavements  and  side- walks  (so  far  as  to 
report  the  actual  condition  of  the  pavements  and  side-walks 


82 


to  the  proper  authority,)  and  hacks,  cabs,  carts  and  sleds 
as  the  common  council  shall  direct,  together  with  such 
other  duties  as  marshals,  health  and  fire  wardens,  keepers 
of  public  lands  and  places,  as  said  common  council  shall 
prescribe. 

complaints.  §  7.  Each  of  said  captains  may  entertain  complaints  in 
all  cases  where  crimes  or  offences  have  been  committed, 
may  issue  a  precept  to  arrest  any  person  charged  with 
having  committed  a  crime  or  offence  (such  process  to  be 
executed  by  some  other  proper  officer,)  and  may  detain  the 
person  so  arrested  for  examination ;  such  examination  to 
be  made  by  the  chief  of  police,  or  by  some  person  author- 
ized by  law  to  take  the  same. 

Eeport  of  crimes,  g  g#  He  shall  duly  report  to  the  chief  of  police  all 
crimes  which  may  have  been  committed,  and  all  arrests 
for  crimes  or  breaches  of  the  peace  that  may  have  been 
made  within  his  district;  he  shall  report  all  violations  of 
the  corporation  ordinances  within  his  district  to  the  cor- 
poration attorney,  with  the  names  of  witnesses,  and  shall 
also  perform  such  other  duties  as  may  be  prescribed  from 
time  to  time  by  the  ordinances  of  the  common  council. 

kmp?ighetersnd  [§  Tne  aldermen  of  each  ward  shall  nominate,  and 
by  and  with  the  consent  of  the  mayor,  appoint  so  many 
policemen  and  lamplighters  as  may  be  designated  or  ap- 
pointed to  their  respective  wards ;  and  in  case  of  their  dis- 
agreement, or  in  case  one  of  said  aldermen  shall  neglect  or 
refuse  to  join  in  any  nomination,  the  mayor  shall  decide 
between  them  in  relation  thereto,  and  may  consent  to  ap- 
point such  persons  as  may  be  nominated  by  either  of 
them].* 

Police  districts.      g  iq.  For  all  purposes  of  the  police  department,  the 


*  As  amended.    Laws  of  1855,  Chap.  299. 


83 


city  shall  be  divided  in  so  many  districts  as  the  common 
council  may  from  time  to  time  designate.  There  shall  be 
erected  or  procured  in  each  police  district  a  suitable  build- 
ing, to  be  called  the  district  police  office,  in  which  shall  be 
contained  suitable  offices  for  the  accommodation  of  the 
captains  and  police  department.  Such  police  office  shall 
also  be  the  station  house  for  the  night  police  of  the  same 
district. 

§  11.  The  common  council  shall,  by  ordinance,  fix  and  ward  police- 

o  i     j  i  men. 

apportion  from  time  to  time  a  certain  number  of  policemen 
for  each  ward,  who  shall  possess  all  the  powers,  and  under 
the  direction  of  the  captains  of  the  district  shall  perform 
all  the  duties  specified  in  the  sixth  section  of  this  title, 
together  with  all  other  duties  and  services  which  may  be 
prescribed  by  the  ordinances  of  the  common  council. 

§  12.  It  shall  be  the  duty  of  the  policemen  to  obey  such  Duties  of 

J  1  J  policemen. 

orders  as  they  may  from  time  to  time  receive  from  the 
chief  of  police  and  the  captains  of  their  districts  regarding 
their  duty  ;  to  report  to  the  captains  of  the  district  all  vio- 
lation of  the  corporation  ordinances,  with,  the  names  and 
residences  of  witnesses ;  to  preserve  the  public  peace  ;  to 
be  vigilant  for  the  prevention  arid  discovery  of  crime,  and 
the  detection  of  criminals ;  to  report  to  the  captains  of 
their  respective  districts  all  crimes  or  offences  committed 
in  the  city ;  to  arrest  all  persons  in  the  actual  commission 
of  crimes,  misdemeanors,  breaches  of  the  peace  or  viola- 
tions of  corporation  ordinances;  to  execute  all  criminal 
process  issued  by  the  chief  of  police  or  captains,  or  by  an 
inferior  court  of  criminal  jurisdiction,  which  is  now  or  may 
hereafter  be  established  by  the  legislature  for  the  city  of 
Brooklyn,  or  that  may  be  issued  by  any  other  officer 
authorized  to  issue  criminal  process ;  to  report  to  the  cap- 
tains of  their  respective  districts  all  suspicious  persons, 
houses  of  ill  fame,  receiving  shops,  pawn  brokers'  shops, 
gaming  houses,  and  all  places  where  idlers,  tipplers,  gam- 


84 


Policemen  to  be 
present  at  fires. 


Chief  may 

suspend 

policemen. 


Compensation. 


biers  and  other  disorderly  and  suspicious  persons  congre- 
gate, and  perform  such  other  duties  from  time  to  time  as 
the  common  council  may  direct. 

13.  At  any  alarm  of  fire,  it  shall  also  be  the  duty  of  the 
policemen  forthwith  to  proceed  to  the  scene  of  conflagra- 
tion, and  to  be  diligent  in  preserving  order  and  protecting 
property ;  and  in  case  of  any  riot  or  public  disturbance, 
requiring  the  services  of  the  police,  they  shall  forthwith 
proceed  to  the  scene  of  riot,  and,  under  the  direction  of  the 
mayor,  chief  of  police,  and  captains,  or  either  of  them,  aid 
in  suppressing  the  same. 

§  14.  The  chief  of  police  may  suspend  any  policeman  in 
the  city ;  in  all  such  cases  he  shall,  within  twenty -four 
hours  thereafter,  notify  the  mayor  and  the  aldermen  of  the 
ward  to  which  said  policeman  may  belong,  thereof  in 
writing,  specifying  the  grounds  for  such  suspension,  and 
the  names  of  the  witnessesto  establish  the  charge.  In 
every  case  the  mayor  shall  cause  written  notice  to  be 
given  to  the  accused,  to  afford  him  an  opportunity  to  be 
heard  in  his  defence.  The  mayor  and  at  least  one  of  said 
aldermen  shall  examine  witnesses  under  oath  upon  the 
charges  and  for  the  defence,  and  may  for  cause  continue 
the  suspension,  remove  the  party  from  office,  or  restore 
him  to  duty.  The  mayor  shall  have  power  to  issue  sub- 
poenas to  require  the  attendance  of  witnesses  on  the  trial 
of  such  cases,  and  disobedience  of  such  subpoenas  shall 
render  the  parties  liable  to  the  penalties  provided  by  law 
in  courts  of  record.  The  testimony  shall  be  reduced  to 
writing,  and,  together  with  the  decision  of  the  mayor  and 
the  said  aldermen  thereon,  shall  be  filed  in  the  office  of  the 
clerk  of  the  city. 

§  15.  The  police  shall  receive  a  per  diem  compensation 
for  each  day  they  shall  be  employed  on  duty,  which  com- 
pensation shall  from  time  to  time  be  regulated  and  fixed 
by  the  common  council. 


85 


§  16.  No  person  connected  with  the  police  department 
shall  be  liable  to  military  duty. 

§  17.  The  mavor  or  chief  of  police  shall,  from  time  toPoli<;emen,at 

r  meetings  of 

time,  detail  such  policemen  as  he  may  deem  proper,  to  act  ^"^J"1 
as  messengers  of  the  mayor  and  of  the  common  council,  to 
attend  the  meetings  of  thaffc  body,  and  to  attend  and  pre- 
serve order  in  all  courts  and  public  assemblies  in  the 
city.  Each  captain  shall  detail  a  sufficient  number  of 
policemen  within  his  district  to  attend  the  polls  on  the  days 
of  election. 

§18.  No  fees  or  compensation  shall  be  charged  or  re- Fees  Prohibited- 
ceived  by  any  chief  of  police,  captain,  policeman,  clerk  or 
other  officer  connected  with  the  police  department  for  any 
services  performed  by  them  as  such  officers,  other  than 
their  stated  compensation,  except  in  special  cases,  with  the 
approbation  of  the  mayor.  Any  officer  violating  this  pro- 
vision shall  be  deemed  guilty  of  a  misdemeanor,  and  shall 
be  subject  to  the  fines  and  penalties  provided  for  such 
offence. 

§19.  All  fees  and  costs  heretofore  paid  by  the  supervi-  ?gt?cestoCbete  ° 
sors  of  the  county  of  Kin^s,  for  services  rendered  for  said  paid  int0  the 

•/  °  7  treasury. 

county  by  any  justice  of  the  peace  or  police  justice,  or  by 
the  constables  or  marshals  of  the  city,  shall,  when  similar 
services  are  rendered  by  any  officer  of  the  police  depart- 
ment, be  collected  and  paid  into  the  city  treasury  in  such 
manner  as  the  common  council  shall  by  ordinance  pre- 
scribe. 

§  20.  Any  person  arrested  in  pursuance  of  this  act  for  Fines  and 

.        »  ,.  ,  penalties,  how 

the  violation  of  any  ordinance,  by-law  or  regulation  of  the  imposed, 
common  council,  or  of  the  board  of  health,  may  be  taken 
before  the  police  justice  or  either  of  the  justices  elected  by 
virtue  of  "an  act  to  establish  courts  of  civil  and  criminal 
jurisdiction  in  the  city  of  Brooklyn,"  passed  March  twenty- 
fourth,  one  thousand  eight  hundred  and  forty-nine,  who 


9 


86 


shall  thereupon  have  authority  to  impose  upon  such  per- 
■  son  a  fine,  not  exceeding  the  penalty  prescribed  by. the 
ordinance  which  such  person  shall  be  proved  to  have 
violated,  and  to  commit  such  person  to  the  county  jail  of 
Kings  county  for  a  period  not  exceeding  thirty  days,  or 
until  such  fine  shall  be  paid. 

captahi!  §  21.  The  common  council  shall  have  power  to  desig- 

nate one  or  more  policemen,  in  each  of  the  police  districts 
established  by  law,  as  assistant  captains,  who  shall  have  all 
the  powers  of  the  captain  of  such  districts  whenever  such 
captain  is  disabled,  absent  or  not  on  duty,  and  whose  term 
of  office  shall  continue  and  expire  at  the  same  time  with 
the  term  for  which  the  respective  police  captains  were 
elected. 


TITLE  VII. 

OF  THE  FIRE  DEPARTMENT.* 


Section  1.  The  fire  department  of  the  city  shall  be  di- 
vided into  two  separate  and  distinct  organizations,  viz : 
One  for  the  eastern  district  and  one  for  the  western  dis- 


*  Some  of  the  provisions  of  this  title,  especially  those  portions  of  it  in- 
cluded in  brackets,  are  modified  by  Laws  of  1857,  Chap.  33,  entitled  "An 
act  for  the  better  regulation  of  firemen  in  the  city  of  Brooklyn,"  passed 
February  17,  1857,  and  Chap.  304,  entitled  "An  act  to  incorporate  the  fire 
department  of  the  Eastern  District  of  the  city  of  Brooklyn,"  passed  April  7, 
1857  ;  the  former  providing  for  five  commissioners  for  the  Western  District, 
and  the  latter  for  the  same  number  of  commissioners  for  the  Eastern  Dis- 
trict, with  authority  in  their  respective  districts,  subject  to  the  approval  of 
the  common  council,  to  inquire  into  all  applications  for  fire  companies,  or 
for  appointments  as  firemen;  to  have  cognizance  of  all  complaints  against 
firemen  and  fire  companies  for  riotous  or  disorderly  conduct  at  fires  or 
alarms  of  fires  ;  or  for  violation  of  the  state  laws  or  city  ordinances,  and 
to  remove  and  suspend  firemen,  and  to  disband  such  companies  ;  to  nomi- 
nate bell-ringers  to  the  common  council  for  the  Western  District,  and  to 
the  mayor  for  the  Eastern  District. 


87 


trict.  Each  organization  shall  consist  of  one  chief  engineer, 
and  as  many  assistant  engineers,  firemen,  hosemen,  axemen, 
and  hook  and  ladder  men,  as  shall  from  time  to  time  be 
elected  by  the  firemen  of  each  district,  and  approved  by  the 
common  council ;  but  the  present  members  of  the  fire  de- 
partment shall  continue  to  be  such,  without  any  new  ap- 
pointment under  this  act.  The  powers  of  the  chief  engineer 
and  assistant  engineers  shall  be  confined  to  their  respective 
districts.  The  fire  department  of  the  present  city  of  Brook- 
lyn, as  at  present  constituted,  shall  with  its  additions  form 
the  organization  for  the  western  district,  and  the  fire  depart- 
•  ment  of  the  city  of  Williamsburgh,  as  at  present  constituted, 
shall  with  its  additions  form  the  organization  for  the  east- 
ern district.  Except  in  cases  of  "  general  alarm,"  the  com- 
panies may  not  attend  fires  out  of  the  district  in  which 
they  are  located ;  in  all  cases,  however,  all  companies  at- 
tending a  fire  shall  be  under  the  control  of  the  engineers 
in  whose  district  the  fire  may  be.  [The  firemen  of  both 
districts  shall  be  under  the  control  of  the  common  council ;] 
and  all  the  fire  engines  and  other  fire  apparatus,  now  be- 
longing to  the  different  municipalities  hereby  consolidated, 
shall  be  owned  by  the  city. 

§  2.  The  mayor  and  the  members  of  the  common  coun-  Wart 
cil  shall  be  fire  wardens,  and  they,  together  with  such  other 
fire  wardens  as  the  common  council  may  appoint,  in  the 
manner  now  or  hereafter  prescribed  by  law,  shall  possess 
such  powers  and  perform  such  duties  as  the  said  common 
council  may  from  time  to  time  prescribe. 

§  3.  The  common  council  shall  procure  fire  engines  and  gg] 
other  apparatus  used  for  the  extinguishment  of  fire,  and 
provide  suitable  engine  houses  and  other  places  for  keep- 
[  ing  the  same,  and  have  the  charge  and  control  thereof. 
[They  shall  have  the  power  to  organize  fire,  hook  and  lad- 
der, hose,  bucket  and  axe  companies,  and  to  reorganize  the 
present  fire  department  if  they  think  proper.] 


88 


Bales  and  fines.  g  4.  It  shall  be  the  duty  of  the  common  council  to  make 
rules  and  regulations  for  the  government  of  the  officers 
and  men  attached  to  the  said  department,  and  to  impose 
such  penalties  and  fines  for  a  violation  thereof,  not  exceed- 
ing one  hundred  dollars,  as  the  said  common  council  may 
deem  proper  ;  [and  for  incapacity,  neglect  of  duty  or  gross 
misconduct,  the  said  common  council  may  disband  any  of 
said  companies,  suspend  or  expel  individuals,  members 
thereof,  in  the  manner  and  with  the  restrictions  herein- 
before provided  for  the  removal  of  officers  of  the  city 
government.] 

Exemption.  §  5.  Every  member  of  said  department  shall  be  entitled 
to  the  same  privileges  and  exemptions  from  military  or 
jury  service  as  they  are  now  entitled  to  by  law.  Their 
names  shall  be  registered  by  the  clerk  of  the  city  in  a  book 
to  be  provided  for  that  purpose,  and  a  certificate  from  said 
clerk,  under  the  corporate  seal  of  the  city,  of  the  appoint- 
ment of  any  person  as  a  fireman,  and  of  the  time  thereof, 
countersigned  by  the  foreman  of  the  company  to  which 
such  a  person  may  belong,  shall  be  competent  evidence  to 
show  that  such  a  person  is  a  fireman,  and  at  the  time  of 
such  countersigning  was  actually  serving  as  such. 

Fines  to  be  kept  g  6.  All  fines  and  forfeitures  accruing  within  the  said 
districts,  under  the  laws  of  this  state  or  the  ordinances  of 
the  city  relative  to  the  extinguishment  of  or  proceedings 
at  fires,  shall  be  applied  to  the  fire  department  fund  of 
said  district,  for  the  benefit  of  indigent  and  disabled  fire- 
men, and  the  families  of  deceased  firemen. 

Injured  firemen,  g  7.  Any  member  of  the  fire  department  who  shall, 
while  in  the  performance  of  his  duty,  be  maimed  or  in- 
jured, so  as  to  be  rendered  thereafter  unable  to  perform  the 
duties  of  a  fireman,  shall  receive  a  certificate  of  discharge, 
which  shall  entitle  him  to  all  the  privileges  of  a  fireman 
whose  time  has  been  regularly  served,  and  shall  also  be 


89 


entitled  to  the  benefits  of  the  law  regulating  discharged 
firemen  in  the  city  of  New  York.  The  common  council 
shall  provide  by  ordinance  for  the  granting  of  certificates 
of  discharge  to  such  firemen  as  shall  be  entitled  to  the  be- 
nefits of  said  law. 

§  8.  The  common  council  shall  pass  such  ordinances  as  Gxmw***- 
it  may  deem  proper  for  regulating  the  storage  of  gun- 
powder and  other  articles  of  a  combustible  nature,  and  fix 
the  penalty  for  any  violation  of  the  same.  All  penalties 
recovered  under  such  ordinances  shall  be  for  the  benefit  of 
the  fire  department  fund  of  the  district  in  which  the  viola- 
tion occurs,  and  shall  be  paid  over  to  the  officers  author- 
ized to  receive  the  same.* 

§  9.  When  a  building  shall  be  on  fire  in  said  city,  the^uc^on 
mayor,  with  the  advice  of  the  chief  engineer  of  the  dis-  *rrest  fires- 
trict,  or  in  his  absence,  under  the  advice  of  two  of  the  as- 
sistant engineers,  and  with  the  concurrence  of  two  members 
of  the  common  council,  or  in  the  absence  of  the  mayor, 
three  of  the  common  council,  with  the  like  advice,  may 
order  such  building  or  any  adjoining  building  to  be  pulled 
down  or  otherwise  destroyed,  if  they  shall  deem  it  likely 
to  convey  the  fire  to  another  building. 

§  10.  The  common  council  may  from  time  to  time,  by  Fire  limits- 
ordinance,  designate  limits  in  said  city  of  such  extent, 
metes  and  bounds  as  they  may  deem  proper,  within  which 
all  buildings,  to  be  erected  after  the  expiration  of  three 
calendar  months  from  the  passage  of  such  ordinance,  shall 
be  built  of  brick  or  stone,  or  materials  other  than  wood, 
and  in  such  manner  as  they  may  determine  and  specify  in 
such  ordinance.  Said  ordinance  shall  be  published  in  the 
corporation  newspapers  at  least  once  a  week  for  the  space 


of 


*  See  Laws  of  1855,  Chap.  332,  and  Laws  of  1857,  Chap.  768. 

7 


90 


Former  limits. 


of  three  calendar  months  after  the  same  shall  have  been 
passed,  and  before  it  shall  take  effect  as  law. 

§11.  Any  such  limits  heretofore  designated  by  the  said 
common  council  shall  remain  and  continue  with  the  same 
effect,  and  the  same  pro  visions  shall  apply  thereto,  as  if 
established  in  exact  conformity  with  the  provisions  of 
"An  act  to  amend  the  act  to  incorporate  the  city  of 
Brooklyn,"  passed  April  twenty -nine,  eighteen  hundred 
and  thirty-five,  and  as  if  the  ordinances  heretofore  passed 
in  relation  thereto  had  been  duly  passed,  approved  and 
published,  and  the  said  limits  shall  continue,  and  the  pro- 
visions of  law  now  applicable,  or  which  may  be  applied  as 
aforesaid  thereto,  shall  remain  in  full  force,  except  as  the 
same  may  be  modified  by  this  act  or  the  ordinances  passed 
in  pursuance  thereof. 

HmiSgement  °f  §  ^*  slLC^  ^imts5  heretofore  designated  or  hereafter 
to  be  designated,  may  be  enlarged  from  time  to  time  by 
the  common  council,  as  the  public  good  may  be  deemed  to 
require,  upon  the  written  petition  of  any  owner  of  pro- 
perty within  the  territory  proposed  to  be  included  in  said 
limits,  provided  that  such  enlargement  is  not  remonstrated 
against  by  a  greater  number  of  owners  in  the  said  territory 
than  petition  therefor,  after  the  notice  of  such  application 
shall  have  been  published,  as  hereinafter  required ;  and  all 
provisions  of  law  inconsistent  herewith  are  repealed. 

Notice  of  §        ^  any  sucn  application  shall  be  presented  to  the 

petition.  common  council,  they  shall  cause  notice  thereof  to  be  pub- 
lished in  all  the  newspapers  employed  by  them  at  least 
once  a  week  for  six  weeks  successively,  and  that  they  will 
proceed  to  act  upon  such  petition  on  a  day  therein  to  be 
specified,  which  shall  be  after  the  expiration  of  the  said  six 
weeks,  and  they  shall  publish  with  such  notice,  as  a  part 
thereof,  a  description  of  the  territory  proposed  to  be  so 
designated,  or  which  it  is  proposed  to  include  within  any 
such  limit. 


91 


§  14.  Any  building  erected  in  any  such  district  pre-  Present  building 

o  j  o  j  i       may  be  repaired. 

vious  to  the  designation  or  enlargement  thereof,  and  cov- 
ered with  boards  or  shingles,  may  be  repaired  or  new 
roofed  with  boards  or  shingles  ;  and  all  steeples,  cupolas, 
and  spires  of  churches  and  other  public  buildings,  and  all 
privies  not  exceeding  ten  feet  square,  and  lime  houses  the 
height  of  which  shall  not  exceed  ten  feet  exclusive  of  the 
roof,  may  be  built  of  wood  and  boards,  and  covered  with 
boards  or  shingles. 

§  15.  If  any  building  shall  be  erected  or  roofed  con-  Ponal*y- 
trary  to  this  act,  or  to  the  provisions  of  any  such  ordinance, 
the  owner  or  owners  thereof  shall  for  every  such  offence 
forfeit  and  pay  the  sum  of  two  hundred  and  fifty  dollars, 
to  be  recovered,  with  cost  of  suit,  in  any  court  of  record 
within  this  state,  by  the  city,  for  the  use  of  the  fire  de- 
partment of  the  district ;  and  every  such  building  erected 
or  roofed  contrary  to  this  act,  or  to  the  provisions  of  such 
ordinance,  shall  be  deemed  a  common  nuisance,  and  the 
owner  or  occupant  thereof  may  be  indicted  therefor,  and 
on  conviction  shall  be  punished  by  fine  or  imprisonment, 
as  the  court  having  cognizance  thereof  may  deem  proper, 
and  such  court  shall  also  order  and  cause  such  nuisance  to 
be  abated  or  removed. 

§  16.  Any  person  who  shall  be  or  shall  have  been  in- Damage*  for 
jured  or  damaged  by  reason  of  the  pulling  down  or  de- bull  dings?"" 
struction  of  any  building  in  said  city,  for  the  purpose  of 
preventing  the  spreading  of  fire,  pursuant  to  authority 
granted  by  section  fifty-seven  of  an  act  to  incorporate  the 
city  of  Brooklyn,  passed  April  8,  1834,  and  section  nine 
of  title  seven  of  the  act  hereby  amended,  may  institute 
against  the  said  city  an  action  to  recover  compensation  for 
such  injury  or  damages;  and  in  case  of  a  final  judgment 
being  recovered  in  such  action  against  the  city,  the  amount 
so  recovered,  with  interest  and  all  the  costs  and  ex- 
penses of  the  city  in  the  defence  of  such  suit,  shall  be 
added  to  and  collected  with  the  amount  to  be  raised  by  the 


92 


general  tax  in  said  city.  In  any  such  suit  the  plaintiff  or 
plaintiffs  shall  recover  for  only  such  damage  or  injury  as 
he  or  they  shall  be  proved  to  have  sustained  beyond  what 
apparently  would  have  been  sustained  from  the  fire,  to 
prevent  the  spread  of  which  such  building  was  so  de- 
stroyed or  damaged.  And  no  execution  shall  issue  upon 
any  such  judgment,  but  the  amount  thereof  shall  be  paid 
by  the  city  of  Brooklyn,  out  of  the  amount  added  to  and 
included  in  the  next  general  tax,  as  herein  provided,  when 
collected. 

suits  for  fines.  §  17.  The  fines  and  penalties  prescribed  by  this  title, 
and  by  any  ordinance  passed  or  which  may  be  passed  by 
the  said  common  council  for  establishing  fire  districts,  or 
the  prevention  of  fires,  or  for  regulating  the  storage  of 
gunpowder  and  other  articles  of  a  combustible  nature, 
shall  be  sued  for  and  recovered  by  the  fire  departments  of 
the  city. 

wa?den°/flre  §  18*  Tne  board  of  officers  of  the  fire  department  of 
the  city  of  Brooklyn  may,  at  its  first  meeting  after  this  act 
shall  take  effect,  nominate,  for  the  office  of  fire  wardens, 
five  firemen  or  exempt  firemen  who  shall  have  served  at 
least  seven  years  in  the  fire  department  of  said  city,  and  if 
such  persons  be  approved  by  the  common  council,  they 
shall  be  appointed  and  shall  be  known  as  the  board  of 
fire  wardens.  The  said  wardens  shall  perform  such  duties 
and  receive  such  annual  compensation  as  the  common 
council  may  from  time  to  time  prescribe,  not  exceeding 
three  hundred  dollars  for  each.  The  chief  and  assistant 
engineers  of  said  department  for  the  time  being  shall  be 
ineligible  to  the  office  of  fire  warden. 

nro  wardens.  [§19.  The  board  of  trustees  of  the  corporation  known 
as  "  the  fire  department  of  the  city  of  Brooklyn,"  at  their 
first  meeting  after  the  passage  of  this  act,  shall  nominate 
for  the  office  of  fire  wardens  of  the  western  district  of  said 


93 


city,  five  firemen  or  exempt  firemen  who  shall  have  served 
at  least  five  years  in  the  fire  department  of  said  city,  which 
nominations  shall  be  submitted  to  the  common  council  of 
said  city  at  their  next  regular  meeting  after  such  nomina- 
tion by  said  board  ;  and  if  such  nomination  shall  be  ap- 
proved by  said  common  council,  the  persons  so  nominated 
shall  be  the  fire  wardens  of  said  city  ;  but  if  such  nomina- 
tions, or  any  of  them,  shall  be  disapproved  by  said  common 
council,  other  persons,  qualified  as  aforesaid,  shall  forth- 
with be  nominated  by  said  board  to  said  common  council 
for  their  approval,  and  so  as  often  as  may  be  necessary 
until  said  offices  shall  be  filled.  If  the  common  council 
shall  neglect  to  approve  or  disapprove  any  nomination  for 
one  month  after  the  same  shall  have  been  submitted  to 
them,  the  person  so  nominated  shall  be  deemed  duly  ap- 
pointed to  said  office.  All  subsequent  appointments  to 
said  office  shall  be  made  in  the  manner  above  provided. 

[§  20.  The  said  fire  wardens  shall  thereupon  and  with- r 
in  one  week  after  such  regular  meeting  of  said  common  coun- 
cil, determine  by  lot  the  term  of  office  of  each,  in  the 
manner  following:  five  tickets  shall  be  prepared,  upon 
two  of  which  shall  be  written  the  words  "  one  year,"  upon 
two  others  the  words  "  two  years,"  and  upon  the  remaining 
ticket  the  words  "  three  years,"  and  such  tickets  shall  be 
deposited  by  one  of  said  wardens,  in  a  box,  or  other  con- 
venient receptacle,  at  some  suitable  place  in  said  city ;  and 
thereupon  each  warden  present  at  the  drawing  of  said 
tickets  shall  draw  one  of  said  tickets,  and  at  least  a  majori- 
ty of  said  wardens  shall  be  present  at  such  drawing  :  and 
in  case  the  other  warden  or  wardens  shall  be  absent  at  the 
time  of  such  drawing,  any  one  of  the  wardens  present  may 
draw  for  such  absent  warden  or  wardens  :  and  the  warden 
who  shall  draw,  or  for  whom  shall  be  drawn  the  ticket 
containing  the  words  "  three  years,"  shall  hold  the  office  of 
fire  warden  of  said  city  for  the  term  of  three  years  from 


94 


the  time  of  such,  drawing ;  and  the  warden  who  shall  draw, 
or  for  whom  shall  be  drawn  a  ticket  containing  the  words 
"  two  j^ears,"  shall  hold  such  office  for  the  term  of  two 
}rears  from  the  time  of  such  drawing ;  and  the  warden 
who  shall  draw  or  for  whom  shall  be  drawn  a  ticket  con- 
taining the  words  "  one  year,"  shall  hold  such  office  for 
the  term  of  one  year  from  the  time  of  such  drawing.  The 
result  of  said  drawing  shall  be  duly  signed  by  the  wardens 
or  a  majority  of  them,  and  filed  by  the  secretary  of  the 
board  of  trustees.  The  time  and  place  of  such  drawing- 
shall  be  designated  by  the  board  of  trustees,  and  each  of 
said  wardens  shall  be  notified  of  such  time  and  place  at 
least  one  day  prior  thereto,  by  the  secretary  of  the  board 
of  trustees  of  said  fire  department,  personally  or  by  writ- 
ten notice  to  be  left  at  the  dwelling  of  the  warden  or  war- 
dens so  notified. 

[§21.  At  the  first  regular  meeting  of  said  board  after 
the  first  day  of  July,  eighteen  hundred  and  fifty-six,  two 
firemen,  or  exempt  firemen  qualified  as  aforesaid,  shall  be 
nominated  by  said  board  and  appointed  in  the  manner 
aforesaid,  to  fill  the  place  of  said  wardens  who  shall  have 
been  designated  for  the  term  of  one  year ;  and  the  persons 
so  appointed  shall  hold  such  office  for  the  term  of  two 
years  from  the  expiration  of  the  term  of  office  of  such  war- 
dens as  shall  have  been  designated  as  aforesaid  for  the 
term  of  one  year ;  and  thereafter  the  term  of  office  of  four 
of  said  wardens  shall  be  two  years,  and  of  the  other  of  said 
wardens  three  years.  And  the  said  board  shall  annually, 
at  their  first  regular  meeting  after  the  first  day  of  July 
in  each  year,  supply  the  vacancies  in  said  office  happening 
during  such  year  by  the  expiration  of  the  term  of  said 
office,  in  the  manner  aforesaid,  and  for  the  term  of  two  or 
three  years  as  the  case  may  be.  No  person  except  fire- 
men or  exempt  firemen  qualified  as  aforesaid,  shall  be 
eligible  to  said  office. 


95 


[§  22.  Any  of  the  fire  wardens  of  said  city  may  at  any  Remova  s- 
time  be  removed  from  office  by  said  board  for  neglect 
or  misconduct  in  office  ;  but  no  warden  shall  be  removed 
unless  written  charges  and  specifications  of  such  neglect  or 
misconduct  shall  have  been  first  presented  to  such  board, 
and  a  copy  thereof  served  personally  upon  the  person  ac- 
cused, and  until  a  reasonable  opportunity  shall  have  been 
afforded  to  such  person  to  defend  himself  before  said  board 
in  person,  and  by  his  counsel  and  such  witnesses  as  he 
may  produce. 

[§23.  All  vacancies  which  may  happen  in  the  office Vacancies- 
of  fire  warden  of  the  western  district  of  said  city  by  re- 
moval from  office  or  otherwise,  shall  be  supplied  by  said 
board  in  the  manner  aforesaid,  as  soon  as  may  be  after  the 
happening  of  such  vacancy  ;  and  all  persons  who  may  be 
nominated  to  supply  any  vacancy  shall  hold  office  only 
for  the  balance  of  the  term  in  which  such  vacancy  may 
have  occurred. 

["§  24  The  said  fire  wardens  shall  perform  such  duties  Duties  and 

\_o  "  1  compensation. 

and  receive  such  annual  compensation  as  the  said  common 
council  may  from  time  to  time  prescribe,  not  exceed- 
ing three  hundred  dollars  per  annum  for  each.  They 
shall  constitute  the  board  of  fire  wardens  of  the  western 
district  of  said  city.  The  chief  engineer  of  the  western 
district  of  the  fire  department  of  said  city  for  the  time 
being  shall  be  ineligible  to  the  office  of  fire  warden.]* 


*  Sections  19,  20,  21,  22,  23  and  24  were  added  by  Laws  of  1855,  Chap. 
107.  Three  fire  wardens  for  the  eastern  district,  with  similar  powers,  du- 
ties, rights  and  liabilities  with  those  here  provided  for  the  western  dis. 
trict,  are  authorized  by  the  Laws  of  185?,  Chapter  304,  entitled  "An  Act 
*o  incorporate  the  fire  department  of  the  eastern  district  of  the  city  of 
Brooklyn,"  passed  April  17,  1357.  Section  18  of  this  title  appears  there- 
fore to  be  nugatory. 


96 


TITLE  VIII. 

OF  COMMISSIONERS  OF  EXCISE.* 

TITLE  IX. 

OF  THE  BOARD  OF  HEALTH. 

Board  of  health.  Section  1.  The  aldermen  of  said  city,  or  such  number 
of  their  body  as  the  common  council  shall  designate,  shall 
constitute  a  board  of  health,  and  the  mayor,  or  in  his  ab- 
sence or  inability  to  act,  the  president  of  the  board  of 
aldermen  shall  be  president  thereof.  The  city  clerk  shall 
be  clerk  of  said  board,  and  shall  keep  a  journal  of  its  pro- 
ceedings. 

Mayor  to  preside,  g  2.  It  shall  be  the  duty  of  the  mayor  or  the  president 
of  the  board  of  aldermen,  at  all  meetings  of  said  board, 
when  he  shall  be  informed  of  any  matter  requiring  the  ac- 
tion of  the  board  of  health,  to  lay  such  matter  before 
them,  and  they  shall  thereupon  proceed  to  consider  and 
act  upon  the  same.  The  said  board  may  also  be  convened 
at  any  time  by  notice  from  the  clerk,  under  the  direction 
of  the  president  or  any  two  of  the  members,  for  the  trans- 
action of  business ;  and  the  said  board  of  health  shall 
have,  possess  and  exercise  the  same  power  and  authority 
in  said  city  as  the  board  of  health  in  the  city  of  New 
York. 

0ffice-  §  3.  The  board  shall  designate  a  place  to  be  called  the 

"office  of  the  board  of  health,"  at  which  the  president  or 
one  or  more  of  the  members  shall  attend  daily  (Sunday 
excepted,)  from  the  first  day  of  June  to  the  first  day  of 
October,  in  each  year,  and  they  may  so  attend  on  Sunday, 


*  Repealed  by  Laws  of  1857,  Chap.  628,  entitled  "An  Act  to  suppress 
intemperance  and  to  regulate  the  sale  of  intoxicating  liquors,"  passed 
April  16,  1857. 


97 


if  necessary ;  and  the  person  or  persons  so  attending  shall 
enter  in  a  book,  to  be  kept  for  that  purpose,  all  matters 
which  shall  come  before  or  be  transacted  by  them  as  presi- 
dent or  members  of  the  board  of  health. 

§  4.  No  vessel  subject  to  the  examination  of  the  health  Approach  of 
officer  of  the  port  of  New  York  shall  approach  to  the  city 
of  Brooklyn  beyond  the  place  which  shall,  at  the  time  of 
such  approach,  be  assigned  for  quarantine,  witliout  a  per- 
mit from  him,  countersigned  by  the  president  of  the  said 
board  of  health. 


§  5.  Every  person  practising  physic  in  the  said  city,  ^^2^*^ 
who  shall  have  a  patient  sick  of  any  malignant,  infectious  JBgK!?1 
or  contagious  disease,  shall  make  and  file  a  written  certi- 
ficate thereof  in  the  office  of  the  board  of  health,  stating 
the  name  of  such  patient,  and  the  house  and  place  where 
he  shall  then  be,  and  the  board  of  health  may  require  any 
such  physician  to  make  and  file  in  said  office,  within  such 
time  as  they  may  prescribe,  not  less  than  three  hours  after 
service  of  a  copy  thereof  upon  him,  an  affidavit,  stating 
therein  whether  he  has  or  has  not  any  patient,  who,  in  his 
opinion,  shall  then  be  sick  of  any  such  disease,  and  if  he 
has  any  such  patient,  to  state  in  such  affidavit  his  or  her 
name,  and  the  house  or  place  in  said  city  where  he  or  she 
shall  then  be,  and  the  nature  or  name  of  such  disease,  to 
the  best  of  his  knowledge  and  belief. 

§  6.  The  common  council  may,  by  ordinance,  require  f0" ^s06Tt 
every  person  keeping  a  boarding  or  lodging  house  in  said 
city,  within  six  hours  after  any  seafaring  man  or  sojourner 
shall  be  sick  in  such  house,  to  file  in  the  office  of  the 
mayor  of  said  city,  a  certificate  thereof,  signed  by  him  or 
her,  stating  the  location  of  such  house  and  the  name  of 
such  diseased  person. 

§  7.  No  person  shall  remove  any  sick  person  from  any  sick  persons  not 

,        «_  to  be  removed 

vessel  or  from  any  other  place  in  said  city  without  written  from  vessels. 


98 


permit  for  that  purpose,  granted  by  the  president  or  one 
of  the  members  of  the  board  of  health  of  said  city. 

§  8.  The  board  of  health  of  said  city  shall  have  the 
charge,  control  and  management  of  all  lands,  buildings 
and  premises  thereon,  which  may  be  purchased,  owned, 
leased  or  hired  by  the  common  council  for  the  purpose  of 
a  hospital  or  hospitals,  and  for  the  purpose  of  preserving 
the  health  of  the  inhabitants  of  said  city.  It  shall  possess 
and  may  exercise  the  following  powers : 

1.  By  proclamation  to  prohibit  or  regulate  the  inter- 
course by  land  and  ferries,  or  otherwise,  between  this  city 
and  any  place  or  places  where  they  may  be  informed  that 
any  infectious  or  contagious  disease  shall  prevail. 

2.  By  resolution  to  direct  any  vessel  lying  at  a  place 
within  three  hundred  yards  of  any  wharf,  landing  place  or 
shore  of  said  city,  and  from  which  they  shall  deem  it 
probable  that  any  infectious  or  contagious  disease  may  be 
brought  into  said  city  or  communicated  to  the  inhabitants 
thereof,  to  be  removed  to  the  distance  of  at  least  three 
hundred  yards  from  any  wharf,  landing  place  or  shore  of 
said  city,  within  six  hours  after  a  copy  of  such  resolution, 
certified  by  the  city  clerk,  shall  be  delivered  to  the  person 
or  persons  having  the  command  of  such  vessel,  or  to  the 
master,  owner  or  consignee  thereof;  and  every  such  per- 
son or  persons,  master,  owner  or  consignee  to  whom  such 
copy  of  such  resolution  shall  be  delivered,  shall  forthwith 
coni]}ly  with  the  same. 

8.  By  resolution  to  direct  to  be  removed  to  the  hospital 
of  said  city,  or  other  place  to  be  designated  by  them,  all 
persons  sick  of  a  malignant,  infectious  or  contagious  dis- 
ease, and  all  things  within  the  city,  which,  in  their  opinion, 
shall  be  infected  with  any  matter  likely  to  communicate 
disease  to  the  inhabitants,  and  to  cause  such  resolution  to 
be  carried  into  effect. 


99 


4.  By  resolution  to  direct  any  bedding,  clothing,  putrid 
or  unsound  beef,  pork,  fish,  hides  or  skins  of  any  kind,  or 
any  other  articles  found  within  said  city,  and  which,  in  its 
opinion,  shall  be  dangerous  to  the  health  of  the  inhabit- 
ants thereof,  to  be  destroyed  by  casting  the  same  into  the 
East  river,  below  low  water  mark,  at  a  suitable  distance 
from  the  shore,  or  in  such  other  manner  as  it  may  direct  ; 
and  it  may  employ  such  person  or  persons  as  it  may  deem 
proper  to  remove  or  destroy  such  articles ;  and  every  person 
who  shall  in  any  manner  resist  or  hinder  any  person  so  em- 
ployed, shall  be  deemed  guilty  of  a  misdemeanor.* 

§9.  Every  person  who  shall  violate,  or  neglect,  or  re-  ^SjSJj 5jes 
fuse  to  comply  with  any  provision  contained  in  this  title, 
or  in  the  proclamation  or  resolution  made  or  passed  by  the 
board  of  health  in  pursuance  thereof,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  on  conviction  thereof  shall 
be  punished  by  a  fine  not  exceeding  two  hundred  and  fifty 
dollars,  or  imprisonment  not  exceeding  six  months,  or 
both  ;  and  all  such  fines  when  collected  shall  be  paid  to 
the  treasurer  of  said  city  for  the  use  of  the  said  board  of 
health. 

§  10.  The  health  officer  of  said  city  shall  visit  all  sick  jggjjjj  officers 
persons  who  shall  be  reported  to  the  board  of  health  in 
pursuance  of  this  title,  and  report  to  the  board  of  health 
in  writing,  his  opinion  of  their  sickness  ;  and  he  shall  at- 
tend at  said  office  at  such  times  as  the  board  shall  direct, 


*  By  Laws  of  1857,  Chap.  412,  entitled  "An  act  for  more  effectually 
guarding  against  the  spread  of  pestilential  diseases,"  the  additional 
power  is  conferred  upon  the  board  of  health  of  Brooklyn,  of  order- 
ing any  vessel  at  the  wharves  of  the  city,  or  in  their  vicinity,  to  the 
quarantine  ground,  or  some  other  place  of  safety,  and  requiring  all  per- 
sons, articles  or  things  introduced  into  the  city  from  such  vessel  to  he 
seized,  returned  on  board  thereof,  or  removed  to  the  quarantine  or  other 
place  of  safety. 


100 


for  the  purpose  of  conferring-  with  the  president  or  other 
members  of  the  board  in  relation  to  the  health  of  said  city. 
He  shall  visit  and  inspect  all  vessels  coming  to  the 
wharves,  landing  places  or  shores  of  said  city,  or  within 
three  hundred  yards  thereof,  which  are  suspected  of  hav- 
ing on  board  any  infectious  or  contagions  disease,  or  likely 
to  communicate  the  disease  to  the  inhabitants  of  said  city? 
and  all  stores  and  places  within  said  city  which  are  sus- 
pected to  contain  putrid  or  unsound  provisions,  or  other 
articles  likely  to  communicate  disease  to  the  inhabitants, 
and  make  and  sign  a  report  in  writing,  stating  the  vessel, 
stores,  places  and  articles  so  inspected  by  him,  and  the 
nature,  state  and  situation  thereof,  and  his  opinion,  in  rela- 
tion thereto,  as  to  the  probability  of  disease  being  com- 
municated by  or  from  the  same,  and  file  such  report  in  the 
office  of  the  board  of  health.  lie  shall  also  discharge  such 
other  duties  as  shall  from  time  to  time  be  prescribed  to 
him  by  the  board  of  health. 

borrow  §11.  The  common  council  are  hereby  authorized  to 
procure  on  loan  on  the  credit  and  faith  of  the  city,  from 
time  to  time,  such  sum  or  sums  of  money  as  a  majority  of 
the  aldermen  elected  may  deem  necessary  to  pay  losses 
or  expenses,  not  provided  for  in  this  act,  which  may  arise 
from  any  accident  by  flood,  fire  or  otherwise,  or  to  pay 
any  expenses  necessarily  incurred  in  the  protection  and 
preservation  of  the  health  of  said  city  and  its  inhabitants, 
in  case  of  any  prevailing  epidemic  disease  or  sickness, 
provided  that  the  sums  of  money  so  to  be  procured  shall  in 
the  first  case  be  declared  to  be  necessary  and  proper  by  a 
certificate  to  be  signed  by  the  mayor,  county  judge,  and 
street  commissioner,  and  in  the  latter  case  by  a  certificate 
to  be  signed  by  the  mayor,  health  officer  of  said  city  and 
the  presiding  officer  of  the  Kings  county  medical  society, 
which  certificates  shall  be  presented  to  the  common  coun- 
cil before  they  shall  take  any  action  in  the  matter,  and  the 


101 


money  so  obtained  shall  be  applied  only  to  the  specific  use 
and  purpose  for  which  it  shall  be  so  borrowed.  The 
amount  so  raised  and  borrowed  shall  be  levied,  assessed 
and  collected  in  the  next  annual  tax  in  the  same  manner 
as  the  other  expenses  of  said  city. 


TITLE  X. 

OF  THE  FINANCIAL  DEPARTMENT. 

Section  1.  The  accounts  of  the  city  and  management  Finances, 
of  its  finances  shall  be  under  the  direction  of  the  comp- 
troller of  said  city,  subject  to  the  provisions  of  this  act  and 
to  the  ordinances  of  the  common  council. 

§  2.  The  said  accounts  shall  be  distributed  in  three  dis-  classification  of 
tinct  classes:  the  first  of  said  classes  shall  embrace  all  such 
expenditures  as  are  to  be  made  out  of  money  raised  by 
general  tax,  and  shall  be  called  the  general  fund;  the 
second,  such  as  are  to  be  made  out  of  money  raised  by  a 
special  or  local  tax  or  assessment,  and  shall  be  called  the 
special  fund ;  and  the  third  class  shall  consist  of  accounts 
of  the  sinking  fund.  And  no  money  raised  for  the  use  of 
one  of  said  funds  shall  be  at  any  time  used  for  the  pur- 
poses of  either  of  the  other  of  said  funds. 

§  3.  The  accounts  of  the  general  fund  shall  always  ex- General  fund, 
hibit  the  receipts  and  expenditures  of  each  department  of 
the  city  government,  and  no  receipt  of  expenditure  of 
money  shall  at  any  time  be  charged  or  credited  to  any 
other  than  its  appropriate  account.    The  accounts  of  the  special  fund, 
special  fund,  in  addition  to  the  general  account  of  said  fund, 
shall  at  all  times  exhibit  the  amounts  received  and  paid 
under  each  item  composing  said  fund,  with  the  amounts 
received  and  paid  for  interest  on  each.    The  sinking  fund  sinking  fund, 
account  shall  exhibit  the  amounts  received  into  said  fund, 


102 


specifying  from  what  sources  they  have  been  received,  to- 
gether with  the  amount  and  description  of  securities  be- 
longing to  said  fund. 

Active citL»"  §  4.  The  faith  of  the  said  city  and  the  property  now  be- 
to  be  paid.       longing  to  the  present  cities  of  Brooklyn  and  Williams. 

burgh,  respectively,  are  pledged  for  the  final  payment  of 
all  moneys  heretofore  borrowed  or  raised  by  said  cities  re- 
spectively under  or  by  virtue  of  any  law  of  this  state ; 
and  until  said  several  sums  of  money  shall  be  fully  paid, 
there  shall  be  levied  and  collected,  by  a  general  tax  on 
that  part  of  the  city  embraced  in  the  present  city  of 
Brooklyn,  in  the  same  manner  as  other  taxes  of  said  city 
at  large,  the  sum  of  seven  thousand  eight  hundred  dollars 
in  each  of  the  next  six  years,  and  thereafter  annually  the 
sum  of  six  thousand  dollars,  until  the  surplus  of  the  debt 
on  its  property  as  hereafter  mentioned  shall  be  provided 
for,  and  then  upon  the  whole  city.  There  shall  be  levied 
and  collected  in  the  same  manner,  on  that  part  of  the  city 
embraced  in  the  present  city  of  Williamsburgh,  a  sufficient 
sum  to  pay  off  an  amount  of  its  debt  equal  to  its  surplus 
as  hereinafter  mentioned,  and  the  residue  of  the  debt  shall 
be  levied  and  collected  upon  the  whole  city. 

Brooklyn  debts.  §  5.  The  several  sums  of  money  in  the  present  city  of 
Brooklyn  so  to  be  raised,  together  with  all  the  interest  ac- 
cruing from  its  investment,  and  all  moneys  now  raised  for 
a  similar  purpose,  shall  be  and  remain  pledged  and  applied 
to  redemption  of  loans  procured  by  said  present  city  of 
Brooklyn  ;  nor  shall  any  other  investment  or  use  be  made 
of  such  moneys  or  securities,  except  as  herein  provided, 
and  any  other  appropriation  thereof  shall  be  deemed  a 
misdemeanor  and  punishable  accordingly. 

Brooklyn  sink-  §  6.  The  fund  thus  designated,  together  with  all  former 
and  subsequent  accumulations,  shall  be  called  the  "  sinking 
fund  of  the  city  of  Brooklyn,"  and  shall  be  managed  by 


103 


the  mayor,  treasurer  and  comptroller  of  said  city,  as  ex- 
officio  commissioners  of  said  fund,  a  majority  of  whom 
shall  constitute  a  quorum  for  the  transaction  of  business. 

§  7.  The  said  commissioners  shall  from  time  to  time  in-  sfnk^n^fund.'1 
vest  the  money  of  said  fund  in  any  stocks  for  the  payment 
of  which  the  faith  of  this  state  or  the  United  States  is  or 
shall  be  pledged ;  or  in  any  of  the  bonds  or  securities 
issued  by  said  city  or  the  county  of  Kings  ;  and  to  deposit 
said  moneys  with  any  safe  moneyed  corporation  in  this 
state,  and  make  such  contract  with  such  institution  for  the 
duration  of  such  deposits  and  the  interest  thereon  as  they 
shall  consider  for  the  best  interest  of  such  fund ;  and  may 
also,  at  such  times  and  upon  such  terms  as  they  may  deem 
advisable,  pay  any  part  of  the  moneys  borrowed  or  raised 
as  aforesaid  before  the  time  limited  for  the  payment 
thereof. 

§  8.  The  said  commissioners  shall  report  to  the  common  ^JJ^onera 
council  semi-annually,  at  its  first  meetings  in  January  and 
Jul}',  a  particular  account  of  the  condition  of  said  fund, 
specifying  the  receipts  and  payments  since  the  last  report 
the  amount  and  description  of  stocks  held  by  them,  with 
the  interest  they  bear,  the  institutions  holding  deposits,  the 
amount  of  such  deposits,  and  the  rate  of  interest  paid 
thereon  respectively,  also  the  amount  of  loans  purchased, 
if  an}',  and  the  rate  paid  therefor. 

§  9.  The  common  council  shall  have  power  to  make  per-  Permanent 
manent  loans  for  the  use  of  said  city,  and  to  issue  bonds 
therefor,  payable  at  such  times,  in  such  manner  and  at  such 
rates  of  interest  as  they  may  direct,  if  the  proposition  for 
creating  such  debt  shall  have  been  previously  submitted  to 
the  electors  of  said  city  at  a  regular  charter  election,  of 
which  three  months'  previous  notice  shall  have  been  pub- 
lished in  the  corporation  newspapers,  and  such  proposition 
shall  have  then  received  the  affirmative  vote  of  the  ma- 
jority of  the  voters  at  such  election. 


104 


Vote  upon.  §  10.  The  common  council  may  by  ordinance  direct  the 
mode  and  manner  of  submitting  such  proposition  to  the 
electors  of  said  city. 

be°isdsSiIedben  t0  §  ^n  case  ^e  maj°rity  °f  sa^  electors  shall  be  in 
favor  of  creating  such  loan,  the  common  council  which 
shall  be  in  office  next  after  such  election  has  taken  place 
may,  by  the  vote  of  the  majority  of  all  the  members 
elected,  confirm  such  loan ;  but  no  bonds  shall  be  issued 
therefor  until  the  common  council  shall  have  made  specific 
provision  for  a  sinking  fund,  to  be  raised  by  an  annual  tax 
sufficient  to  pay  and  discharge  such  bonds  at  maturity,  and 
the  faith  and  property  of  the  city  shall  be  and  is  hereby 
pledged  for  the  final  payment  of  any  and  all  such  loans. 

£nsP°rary  §  12.  The  common  council,  after  the  taxes  have  been 
levied  in  any  year,  shall  have  power  to  make  temporary 
loans,  in  anticipation  of  the  collection  of  such  taxes,  such 
loans  to  be  applied  to  the  purposes  for  which  such  taxes 
may  have  been  levied,  and  for  no  other  purpose,  and  such 
taxes  shall  be  inviolably  applied  to  repay  such  loans. 

SdeUed^essfor  §  ^ne  common  council  shall  also  have  power,  after 
assessments.  any  assessment  for  a  local  improvement  has  been  con- 
firmed, and  a  contract  for  making  the  same  has  been  en- 
tered into,  to  issue  certificates  of  indebtedness  to  the  con- 
tractor, payable  out  of  such  assessments  when  collected, 
and  bearing  interest  after  the  expiration  of  one  hundred 
and  twenty  days  from  the  delivery  of  the  assessment  roll 
to  the  collectors ;  but  no  certificate  shall  at  any  time  pre- 
vious to  the  completion  of  the  work  exceed  seventy -five 
per  cent,  in  value  of  the  work  actually  done,  and  they  may 
issue  a  warrant  for  the  collection  of  the  assessment  imposed 
before  the  work  shall  have  been  completed. 

Moneys  R  14.  Whenever  the  citv  shall  by  law  be  authorized  to 

borrowed  to  be         °  i 

applied  to       borrow  money  for  any  specific  purpose,  the  moneys  so 

specific  purposes.  J  J      x  ■  _ 

borrowed  shall  be  applied  only  to  such  purpose,  except 


105 


the  surplus  thereof,  if  any  surplus  should  remain  after 
accomplishing  such  purpose ;  and  it  shall  not  be  lawful 
for  the  common  council  of  the  said  city  to  borrow  any 
money,  or  to  enter  into  any  contract  by  which  they  may 
be  compelled  to  pay  money,  except  for  the  purposes 
for  which  they  are  or  may  be  authorized  to  raise 
money  by  tax,  and  then  only  to  an  amount  not  ex- 
ceeding the  sum  they  are  authorized  by  law  to  raise  by 
tax  during  that  municipal  year  for  the  purposes  for  which 
such  money  may  be  borrowed  or  contract  entered  into ; 
and  it  shall  be  the  duty  of  the  said  common  council  to  pay 
all  money  so  borrowed,  with  interest  accrued  thereon,  and 
to  discharge  all  such  contracts  out  of  the  money  raised  by 
tax  during  the  same  municipal  year  in  which  the  money 
is  borrowed  or  contract  entered  into,  except  as  by  this  act 
provided. 

§15.  It  shall  be  the  duty  of  the  comptroller  to  state  Property  and 

°  *£  ,        r  .  debts  of  Brook  - 

and  keep  an  account,  under  the  direction  of  a  committee  of  iyn,  wiiiiams- 

L  /  burgh  aud  Bush- 

the  common  council,  composed  of  one  from  each  of  the  wick- 
present  cities  of  Brooklyn  and  Williamsburgh  and  town 
of  Bush  wick,  showing  the  property  and  assets  held  by  each 
respectively  in  their  corporate  right,  and  the  value  thereof 
on  the  first  day  of  January,  eighteen  hundred  and  fifty- 
five  ;  and  also  showing  the  amount  of  the  debts 
of  each  on  that  day  actually  existing  or  contin- 
gently arising  from  any  work  done  for,  or  liability 
incurred,  or  property  purchased  by  them  respective, 
ly.  Such  property  shall  be  the  common  property 
of  the  whole  city,  subject  however  to  the  pledges  hereto, 
fore  made  by  law  of  the  portion  of  each  present  city  and 
town.  The  value  of  the  property  and  assets  of  each  pre- 
sent city  and  town  shall  be  deducted  from  the  debts  of 
each,  and  the  surplus  of  debt  of  each,  over  the  amount  of 
its  property  and  assets,  shall  continue  a  particular  debt 
upon  each  respectively  ;  the  residue  shall  be  common  debt 
8 


106 

of  the  whole  city.  If  the  property  and  assets  of  either  of 
said  present  cities  and  town  shall  exceed  its  debts,  the 
balance  shall  be  credited  to  it  in  the  taxes  of  the  year 
eighteen  hundred  and  fifty-five.  The  property  and  assets  of 
any  district  of  either  of  the  said  cities  or  town  shall,  for  the 
purposes  of  such  account,  be  considered  the  property  of  the 
city  or  town  in  which  the  district  is  located.  Any  ward  not 
heretofore  included  in  the  fire  department  districts  of  Brook- 
lyn or  Williamsburgh,  hereby  or  hereafter  to  be  admitted  to 
the  use  of  the  fire  department  property  of  the  said  city,  shall 
contribute  its  proportion  to  the  value  of  such  property  in 
the  district  in  which  it  is  located,  to  be  determined  by  the 
fire  department  committee  of  the  common  council,  and  to 
be  raised  by  tax  in  one  or  more  annual  instalments,  as  the 
common  council  shall  determine. 

comptmikMo  §  16.  It  shall  be  the  duty  of  the  auditor  and  comptroller 
SfSSZ  of  cm-  to  examine  annually  the  accounts  of  the  collectors  of  taxes 
and  assessments,  and  of  the  treasurer,  and  to  audit  the 
same,  and  to  present  to  the  common  council,  at  its  first 
meeting  after  the  first  day  of  July  in  each  year,  the  result 
in  writing  of  such  examination.  The  common  council  or* 
the  finance  committee  thereof  may  at  any  time  order  fur- 
ther examinations,  by  the  auditor  and  comptroller,  of  such 
accounts.  All  other  officers  of  the  city  receiving  and  dis- 
bursing moneys  shall  present  their  accounts  annually  to 
the  auditor  and  comptroller  for  examination,  who  shall 
audit  the  same  and  report  the  result  to  the  common  council. 
The  common  council  may,  by  ordinance  or  resolution, 
further  define  and  prescribe  the  duties  of  the  auditor  and 
comptroller  in  the  premises. 


lector.*  annually. 


I 


49^ 


107 


TITLE  XI. 

MISCELLANEOUS  PROVISIONS. 

Section  1.  Any  person  who  maybe  required  to  takePerJury- 
an  oath  or  affirmation,  under  and  by  virtue^  of  any  provi . 
sion  of  this  act,  who  shall  wilfully  swear  or  affirm  falsely 
to  any  material  fact  or  matter  under  such  oath  or  affirma- 
tion, legally  administered,  shall,  upon  conviction,  be  ad- 
judged guilty  of  perjury. 

§  2.  No  person  shall  be  incompetent,  as  a  judge,  justice,  ComP°tenc>'- 
witness  or  juror  by  reason  of  his  being  an  inhabitant  or 
freeholder  in  the  city  of  Brooklyn,  in  any  action  or  pro- 
ceeding in  which  the  city  is  a  party  or  interested. 

§  3.  The  office  of  the  city  clerk,  street  commissioner,  i^mei^&a 
comptroller,  and  collectors  of  taxes  and  assessments  shall ofrccor<1- 
be  and  they  are  hereby  declared  to  be  offices  of  record,  for 
the  purpose  of  filing,  recording  and  safe  keeping  any  and 
all  papers  and  documents  of  the  city,  and  appertaining  or 
belonging  to  the  said  several  offices ;  and  all  provisions  of 
law  relating  to  offices  of  record,  or  the  preservation  or  safe 
keeping  of  papers  or  records  therein,  are  hereby  declared 
to  apply  to  said  several  offices. 

§  4.  Every  embezzlement  of  money  by  any  officer Embezz 
elected  or  appointed  under  this  act,  or  by  a  clerk,  deputy 
or  assistant  of  such  officer,  shall  be  deemed  a  felony,  pun- 
ishable by  fine  or  imprisonment,  or  both. 

§  5.  Every  ordinance,  resolution,  or  by-law  of  the  com- 
mon council  may  be  read  in  evidence  in  all  courts  and 
legal  proceedings,  from  the  volume  of  ordinances  pub- 
lished or  to  be  published  by  order  of  the  said  common 
council,  without  any  other  proof  of  the  passage  or  publica- 
tion thereof;  but  such  publication  shall  be  only  pre- 


ement. 


Proof  of 
ordinances. 


108 


Service  of 
process  on  boats 
and  vessels. 


Penalties 
recovered  pay- 
able into  city 
treasury. 


Armory,  gun- 
bouse,  &c. 


Existing 
ordinances  of 
Brooklvn. 


Taxes  due  and 
unpaid,  how  to 
be  applied. 


sumptive  evidence  that  the  same  has  been  duly  published 
in  the  corporation  newspapers  as  required  by  this  act. 

§  6.  Any  civil  or  criminal  process,  attachment  or  ex- 
ecution may  be  served  or  levied  upon  any  person  or 
property  on  board  of  any  vessel  which,  at  the  time  of  such 
service  or  levy,  shall  be  attached  or  fastened  to  any  wharf, 
pier,  bulkhead  or  landing  place  in  said  city,  or  lying  so 
near  thereto  that  a  person  can  step  from  the  same  upon 
such  vessel,  or  shall  be  fastened  to  any  other  vessel  or 
vessels  which  shall  be  so  attached  or  lying  to  any  such 
wharf,  pier,  bulkhead  or  landing  place,  in  the  same  man- 
ner and  with  like  effect  as  if  such  vessel  was  actually 
within  said  city. 

§  7.  When  a  penalty  is  created,  or  authorized  to  be  cre- 
ated, by  this  act,  and  no  particular  provision  herein  is 
made  as  to  the  application  thereof,  when  recovered,  such 
penalty  shall,  when  so  recovered,  be  paid  into  the  city 
treasury  for  the  use  of  the  city. 

§  8.  The  common  council  shall  have  power  to  provide  a 
suitable  armory,  gun-houses  and  drill  rooms  for  the  use  of 
the  military  of  the  said  city. 

§  9.  The  existing  ordinances,  by-laws  and  regulations  of 
the  present  city  of  Brooklyn,  not  relating  to  local  im- 
provements, as  the  same  have  been  passed,  shall  be  and 
continue  in  full  force  and  effect,  in  the  same  manner  and 
to  the  same  extent  and  effect  as  though  they  had  been 
published  pursuant  to  law,  and  shall  be  in  full  force  and 
effect,  as  regards  the  city  hereby  incorporated,  together 
with  such  others  as  may  from  time  to  time  be  passed,  until 
the  same  shall  be  repealed  by  the  common  council. 

§  10.  All  taxes  and  assessments  in  the  said  present  cities 
and  town,  remaining  due  and  unpaid  on  the  first  day  of 
January,  one  thousand  eight  hundred  and  fifty -five,  shall 
be  collected  as  now  provided  by  law,  except  that  the  su- 


109 


pervisors,  in  cases  of  taxes  remaining  unpaid  on  the  first 
day  of  July,  one  thousand  eight  hundred  and  fifty -five, 
and  the  common  council,  in  cases  of  assessments  remaining 
unpaid  on  the  last  mentioned  day,  shall  have  power  and 
are  hereby  authorized  to  issue  warrants  for  the  collection 
of  the  same  to  the  collectors  of  taxes  and  assessments  to  be 
elected  under  the  provisions  of  this  act,  who  shall  proceed 
under  said  warrants  to  collect  the  said  taxes  and  assess- 
ments, and  shall  make  their  returns  thereto,  and  pay  over 
the  money  collected  by  them  respectively  under  the  same, 
to  the  several  officers  designated  in  this  act  for  that  pur- 
pose ;  and  all  proceedings  after  the  expiration  of  any 
warrant  for  the  collection  of  any  of  such  taxes  and  assess- 
ments shall  be  conducted  according  to  the  provisions  of 
this  act.  Such  taxes  shall  be  applied  to  the  purposes  for 
which  they  shall  have  been  levied  in  the  present  cities  of 
Brooklyn  and  Williamsburgh  and  the  town  of  Bushwick 
respectively. 

§  11.  The  expenses  of  any  local  improvement  com- Expenses  of 
menced  by  the  present  cities  of  Brooklyn  and  Williams- improvements, 
burgh,  respectively,  before  the  first  day  of  January,  one 
thousand  eight  hundred  and  fifty-five,  for  which  expense 
no  assessment  shall  have  been  laid,  shall  be  assessed  as 
now  provided  by  law  in  the  said  cities,  respectively,  ex- 
cept that  the  duties  in  relation  thereto,  now  devolved  upon 
the  common  council  and  officers  of  the  said  cities  respec- 
tively to  be  performed,  shall  be  performed  by  the  common 
council  of  the  city  of  Brooklyn  hereby  incorporated,  and 
by  the  officers  to  be  elected  and  appointed  and  authorized 
to  perform  similar  duties  under  this  act,  except  that  if 
commissioners  shall  have  been  appointed  to  lay  any  as- 
sessment they  shall  complete  such  assessment. 

§  12.  All  the  rights,  interest,  property,  claims  and  de-  J^fy^J^ ^ 
mands  whatsoever,  belonging  to  or  to  accrue  to  the  pre-  respective  cities 
sent  cities  of  Brooklyn  and  Williamsburgh  and  town  of 


110 


Bushwick,  shall  belong  to  and  be  vested  in  the  city  of 
Brooklyn,  hereby  incorporated,  and  all  liabilities  and  re- 
sponsibilities of  either  in  favor  of  third  parties  shall  be  as- 
sumed by  and  may  be  enforced  against  the  city  of  Brook- 
lyn, hereby  incorporated,  but  each  of  the  present  cities  of 
Brooklyn  and  Williamsburgh  and  town  of  Bushwick  shall 
be,  as  between  each  other,  liable  for  its  own  indebtedness 
and  entitled  to  its  own  property,  as  hereinbefore  provided ; 
all  suits  in  favor  of  or  against  the  present  cities  of  Brook- 
lyn and  Williamsburgh  and  town  of  Bushwick,  shall  be 
continued  against  the  same  respectively  until  judgment. 
Board  of  §  13.  There  shall  be  a  board  of  education,  and  all  the 

education.       provisions  0f  ]aw  relating  to  the  board  of  education  of  the 
present  city  of  Brooklyn  shall  apply  thereto,  except  that 
the  board  hereby  authorized  shall  be  constituted  of  the 
members  of  the  said  present  board,  and  such  additional 
members  as  may  be  appointed  by  the  common  council  for 
the  portion  of  the  city  embraced  in  the  present  city  of 
Williamsburgh  and  town  of  Bushwick,  and  the  said  com- 
mon council  is  hereby  authorized  and  required  to  appoint 
and  classify  such  additional  members,  having  reference 
therein  to  the  proportional  increase  of  inhabitants  by  the 
additional  territory;  and  the  school  property  of  the  cities 
of  Brooklyn  and  Williamsburgh  and  town  of  Bushwick, 
and  the  several  districts  thereof,  shall  be  valued  by  the 
first  board  of  assessors  elected  after  this  act  shall  take 
effect,  and  the  board  of  supervisors  of  the  county  shall 
proceed  to  equalize  the  said  value  by  assessing  the  aggre- 
gate amount  thereof  upon  the  whole  city,  and  crediting 
each  school  district  (the  city  of  Brooklyn  to  be  considered 
as  one  district)  on  account  of  its  general  tax  with  the  value 
of  its  separate  school  property,  and  any  special  school 
taxes  already  laid  and  in  process  of  collection.  The  eighth 
and  twentieth  sections  of  the  act  entitled  to  reorganize  and 
regulate  the  common  schools  and  board  of  education  of  the 
city  of  Brooklyn,  passed  April  4, 1850,  is  hereby  repealed. 


Ill 


§  14.  This  act  is  hereby  declared  to  be  a  public  act.  saving  clause. 
All  acts  and  parts  of  acts  of  the  legislature  of  this  state, 
not  inconsistent  with  the  provisions  of  this  act,  and  not 
hereby  repealed,  shall  be  and  remain  in  full  force  and 
effect;  but  any  proceedings  now  pending,  or  that  shall 
have  been  commenced  before  this  act  takes  effect  as  a  law, 
shall  be  continued  and  completed  as  if  this  act  had  not 
been  passed,  except  as  herein  provided. 

§  15.  This  act  shall  take  effect  on  the  first  Monday  of  Tir»e?  when  this 

<->  _  J        act  takes  effect. 

January,  one  thousand  eight  hundred  and  fifty-five,  ex- 
cept sections  three,  four,  five,  six,  seven,  eight  and  nine  of 
title  three,  which  shall  take  effect  on  the  first  day  of  May 
next  after  the  passage  of  this  act.  The  terms  of  office  of 
the  city  and  town  officers  elected  or  appointed  for  the  pre- 
sent cities  of  Brooklyn  and  Williamsburgh  and  town  of 
Bush  wick  shall  expire  on  the  first  day  of  January,  one 
thousand  eight  hundred  and  fifty-five,  except  that  the  in- 
cumbents of  the  offices  of  street  commissioner,  counsellor 
and  commissioner  of  repairs  and  supplies  of  the  present 
city  of  Brooklyn,  and  the  incumbent  of  the  office  of  clerk 
of  the  present  city  of  Williamsburgh,  shall  perform  the  du- 
ties devolved  upon  the  street  commissioner,  counsellor, 
commissioner  of  repairs  and  supplies  and  clerk  by  this  act, 
until  the  expiration  of  the  terms  for  which  they  were  re- 
spectively elected  or  appointed  under  the  existing  law  ;  and 
except  that  the  incumbent  of  the  office  of  collector  of  taxes 
and  assessments  of  the  present  city  of  Brooklyn  shall  per" 
form  the  duties  devolved  upon  the  collector  of  taxes  and 
assessments  of  the  western  district  by  this  act,  until  the 
expiration  of  the  term  for  which  he  was  elected  under  the 
existing  law ;  and  the  incumbent  of  the  office  of  collector 
of  taxes  and  assessments  of  the  present  city  of  Williams- 
burgh shall  perform  the  duties  devolved  upon  the  collector 
of  taxes  and  assessments  of  the  eastern  district  by  this  act, 
until  the  expiration  of  the  term  for  which  he  was  elected 


112 

under  the  existing  law  ;  and  except  that  the  incumbents 
of  the  offices  of  street  commissioner  and  counsellor  of  the 
present  city  of  Williamsburgh  shall  continue  to  perform 
the  duties  of  street  commissioner  and  counsellor,  for  the 
purpose  of  closing  up  all  the  unfinished  business  in  their  re- 
spective departments,  until  the  expiration  of  the  term  for 
which  they  were  elected,  and  they  are  vested  with  such 
power,  subject  nevertheless  to  the  directions  of  the  com- 
mon council  of  the  city  hereby  incorporated;  and  it  shall 
be  the  duty  of  the  officers  retained  in  office  by  this  act  to 
close  up  the  unfinished  business  of  the  said  cities  and  town 
in  their  respective  departments,  under  the  direction  of  the 
said  common  council,  except  as  herein  otherwise  provided, 
and  except  that  the  policemen  now  in  office  shall  retain 
their  offices  until  others  shall  be  appointed  under  the  pro- 
visions of  this  act.  All  officers  elected  or  appointed  under 
and  by  virtue  of  this  act  shall  hold  their  offices  for  the 
term  specified  in  this  act,  and  until  others  shall  be  elected 
or  appointed  in  their  stead  and  have  duly  qualified. 

Sansferfed'to0  b°    §  16.  The  books,  papers  and  documents  now  on  file  or 
city  offices.      ^t  in  any  office  m  faG  preSent  cities  of  Brooklyn,  Wil- 
liamsburgh and  town  of  Bushwick  shall  be  transferred  to 
such  offices  of  the  city  hereby  incorporated  as  the  com- 
mon council  shall  by  resolution  direct. 

§  17.  The  provisions  of  this  act  shall  not  be  construed 
to  recognize  or  authorize  any  encroachment  upon  the  na- 
vigable0 waters  of  the  East  river  or  harbor  of  New  York. 


SPECIAL  LAWS. 

FIRE  DEPARTMENT. 


AN  ACT 

TO  AMEND  AN  ACT  ENTITLED  "AN  ACT  TO  INCORPORATE  Western  distrie  t. 
THE  FIREMEN  OF  THE  VILLAGE  OF  BROOKLYN," 
PASSED  APRIL  SIXTEENTH,  EIGHTEEN 
HUNDRED  AND  TWENTY-THREE. 

PASSED  MARCH  28,  1855. 


The  People  of  the  State  of  New-  York,  represented  in  Senate 
and  Assembly,  do  enact  as  follows  : 

ARTICLE  I. 

Section  1.  The  name  of  the  corporation  created  by  anChanseof 
act  of  the  legislature  passed  April  sixteenth,  eighteen  hun- 
dred and  twenty-three,  entitled  "  An  act  to  incorporate  the 
firemen  of  the  village  of  Brooklyn,"  is  hereby  changed  to 
the  fire  department  of  the  city  of  Brooklyn.  All  actions 
or  proceedings  now  pending  by  or  against  the  said  corpo- 
ration, may  be  continued  and  prosecuted  in  its  former 
name,  or  the  court  in  which,  or  officer  before  whom,  such 
action  or  proceeding  is  pending,  may,  upon  the  application 
of  any  party  to  such  action  or  proceeding,  order  the  same 
to  be  continued  and  prosecuted  in  the  name  of  said  corpo- 
ration as  established  by  this  act. 


114 


ARTICLE  II. 

§  1.  The  second  section  of  the  said  act  of  incorporation 
is  hereby  amended  so  that  it  shall  read  as  follows :  The 
affairs  of  the  said  corporation  shall  be  managed  by  a  board 
of  trustees,  which  shall  consist  of  as  many  trustees  as 
there  are  or  hereafter  may  be  regularly  organized  com- 
panies for  the  extinguishment  of  fires  in  the  city  of  Brook- 
lyn, as  said  city  existed  on  the  thirty-first  December, 
eighteen  hundred  and  fifty-four,  to  be  chosen  out  of  the 
whole  body  of  engineers,  and  active  and  exempt  firemen 
of  said  city  of  Brooklyn,  and  each  regularly  organized 
company  for  the  extinguishment  of  fires  in  said  city,  shall 
be  entitled  to  the  nomination  of  one  trustee. 

§  2.  The  said  trustees  shall  manage  the  affairs  and  dis- 
pose of  the  funds  of  the  corporation  according  to  the  by- 
laws, rules  and  regulations  of  said  corporation,  from  time 
to  time  made  and  established  by  the  board  of  representa- 
tives. The  trustees  shall  choose  a  president  and  secretary. 
The  president  shall  have  a  right  to  convene  them  when  he 
thinks  proper,  and  shall  so  convene  them  at  least  once  a 
year.  The  treasurer  shall  give  security  to  the  corporation 
for  the  faithful  performance  of  his  trust,  and  shall  at  every 
annual  meeting  of  the  representatives,  and  at  such  other 
times  as  the  board  of  trustees  shall  direct,  render  to  them 
and  to  the  board  of  trustees  an  account  of  the  state  of  the 
funds.  The  representatives  shall  at  their  meetings  have  a 
right  to  inquire  into  and  control  the  application  of  the  cor- 
porate funds,  and  to  displace  any  of  the  trustees  or  officers, 
if  in  their  opinion  guilty  of  mal-conduct,  and  elect  others 
in  their  stead.  The  said  board  of  representatives,  and  also 
the  said  board  of  trustees,  shall  respectively  have  power  to 
fix  upon  the  number  of  members  of  their  respective  boards 
which  shall  constitute  a  quorum  for  the  transaction  of  busi- 
ness. In  case  of  a  vacancy  in  the  office  of  representative, 
such  vacancy  shall  be  filled  up  by  the  company  from  which 


115 


he  is  deputed,  for  the  remainder  of  the  year,  by  a  special 
election  to  be  held  for  that  purpose.  And  in  case  of  a 
vacancy  in  the  office  of  president,  vice-president,  treasurer, 
secretary,  collector,  or  any  of  the  trustees,  such  vacancy 
shall  be  filled  up  by  the  representatives  for  the  remainder 
of  their  term  of  office,  by  a  special  election  to  be  held  for 
that  purpose. 

§  3.  There  shall  be  a  board  of  representatives,  which  feSivel 
shall  consist  of  two  members  from  each  legally  organized 
fire  company  in  said  city  of  Brooklyn,  but  every  such  re- 
presentative shall  have  served  at  least  one  year  in  said 
Brooklyn  fire  department,  except  in  newly  organized  fire 
companies,  which  have  not  been  organized  that  length  of 
time. 

§  4.  The  said  representatives  shall  choose  on  the  second  officers. 
Monday  in  December,  in  every  year,  by  ballot,  out  of  their 
own  body,  or  the  whole  of  firemen  or  exempt  firemen,  who 
have  served  their  time  in  said  Brooklyn  fire  department,  a 
president,  vice-president,  treasurer,  secretary  and  collector, 
and  one  trustee  from  each  legally  organized  fire  company. 

§  5.  The  board  of  representatives  shall  have  full  power  By-Laws, 
to  make  and  prescribe  such  by-laws,  rules,  ordinances  and 
regulations,  as  to  them  from  time  to  time  shall  appear 
needful  and  proper,  touching  the  management  and  disposi- 
tion of  their  funds  for  the  purposes  aforesaid,  and  touching 
the  meetings  of  said  corporation,  both  special  and  ordinary, 
except  the  second  Monday  in  December  in  every  }^ear, 
which  is  hereby  declared  to  be  their  annual  meeting ;  and 
touching  the  duties  and  conduct  of  their  officers  and  trus- 
tees, and  touching  all  such  other  matters  as  appertain  to 
the  business  and  purposes  for  which  the  said  corporation 
was  instituted,  and  for  no  other  purpose  whatsoever.  But 
it  shall  require  a  two-thirds  vote  of  all  the  members  present 
at  a  regular  meeting  of  said  board,  to  adopt  the  same,  pro- 


116 


vided  that  such  by-laws,  rules,  ordinances  or  regulations, 
be  not  repugnant  to  the  constitution  or  laws  of  the  United 
States  or  of  this  state. 

§  6.  The  funds  of  said  corporation  which  shall  arise 
from  chimney  fines,  certificates,  donations,  or  any  other 
source,  or  from  such  other  sources  as  may  have  been  here- 
tofore, or  may  be  hereafter  agreed  on  by  the  said  depart- 
ment, or  from  any  penalties  which  may  accrue  to  the  de- 
partment under  any  law  which  is  now  in .  existence,  or 
which  may  hereafter  be  passed,  shall,  after  deducting  ne- 
cessary expenses,  be  appropriated  to  the  relief  of  such  in- 
digent or  disabled  firemen,  or  their  families,  as  may  be  in- 
terested therein,  and  who  may,  in  accordance  with  the  by- 
laws of  said  corporation,  be  worthy  of  assistance. 

nbers.  §  7.   JJ[  guc]1   persons   ag   nQW  arc  Qr  hereafter  may  fce 

firemen  of  said  city  of  Brooklyn,  and  actual  members  of 
any  fire  company  regularly  organized  as  such  under  the 
authority  of  the  city  of  Brooklyn,  and  located  within  the 
bounds  of  the  city  of  Brooklyn,  as  the  same  existed  on 
December  thirty-first,  eighteen  hundred  and  fifty-four,  or 
persons  who  have  served  their  time  as  firemen  in  said  for- 
mer city  of  Brooklyn,  according  to  law,  are  constituted  and 
declared  to  be  members  of  the  corporation  mentioned  in 
the  first  section  of  this  act,  in  like  manner,  and  with  the 
same  rights  and  privileges,  as  the  persons  expressly  incor- 
porated by  the  act  therein  mentioned. 

ARTICLE  III. 

department,  g  ^  jn  case  at  any  time  the  fire  department  of  the  city 
of  Brooklyn  should  become  a  paid  department,  by  the  re- 
spective members  thereof  receiving  a  compensation  for 
their  services,  the  persons  who  shall  at  that  time  constitute 
the  board  of  trustees,  shall  continue  and  remain  as  such 
trustees,  and  shall  have  the  sole  and  entire  control  of  the 
then  present  fund,  which,  with  such  other  moneys  as  may 


117 


accumulate  from  time  to  time  thereafter,  shall  be  collected, 
received,  secured,  held,  retained  and  disbursed,  by  such 
trustees,  solely  for  the  benefit  of  the  members  of  the  de- 
partment as  the  same  shall  previous  to  that  time  exist,  and 
their  widows  and  orphans :  Provided,  however,  that  no 
member  serving  in  said  paid  department,  shall  be  entitled 
to  any  of  the  benefits  arising  from  said  fund,  unless  such 
member  shall  have,  prior  to  the  creation  of  such  paid  de- 
partment, served  the  time  as  a  fireman  prescribed  by  law. 

§  2.  The  board  of  trustees  shall  have  power  to  require  ^3e  of  certlfi" 
of  the  chief  engineer,  the  collection  of  the  prices  of  the 
certificate  of  firemanship,  but  the  price  of  said  certificate 
shall  not  exceed  two  dollars. 

§  3.  The  said  corporation  shall  have  power  to  purchase,  Property, 
take,  hold  and  convey  any  estate,  real  or  personal,  for  the 
use  and  object  for  which  the  said  corporation  was  instituted, 
but  such  real  or  personal  estate  shall  not  exceed  the  sum  of 
one  hundred  thousand  dollars. 

§  4.  In  case  any  election  shall  not  be  made  on  any  day  Elections, 
when  pursuant  to  this  act  it  ought  to  have  been  made,  the 
said  corporation  shall  not,  on  that  account,  be  deemed  to 
be  dissolved ;  but  it  shall  be  lawful  on  any  other  day,  to 
hold  and  make  such  election  in  such  manner  as  shall  have 
been  regulated  by  the  by-laws  and  ordinances  of  the  said 
corporation. 

§  5.  All  laws  or  parts  of  laws,  heretofore  passed,  incon- 
sistent with  the  provisions  of  this  act,  are  hereby  repealed. 

§  6.  This  act  shall  take  effect  immediately. 


118 


AN  ACT 

Western  district    FOR   TITE   BETTER   REGULATION   OF   FIREMEN   IN  THE 

CITY  OF  BROOKLYN. 


PASSED  FEBRUARY  17,  1S5T — THREE-FIFTHS  BEING  PRESENT. 


Convention  of 
firemen  of  west- 
ern district  to 
elect 

commissioners. 


When  held. 


Election  of 
commissioners 


The  People  of  the  State  of  New  York,  represented  in  Senate 
and  Assembly,  do  enact  as  follows: 

Section  1.  There  shall  be  elected  by  a  convention  of 
firemen,  to  be  composed  of  two  delegates  from  each  legally 
organized  fire  company,  and  one  delegate  from  the  board 
of  engineers  in  the  western  district  of  the  city  of  Brooklyn, 
five  commissioners  to  be  denominated  the  commissioners 
of  the  fire  department  of  the  western  district  of  the  city  of 
Brooklyn. 

§  2.  The  conventions  for  the  election  of  said  commis- 
sioners shall  be  held  on  the  second  Tuesday  in  May,  in 
each  year,  at  such  place  and  hour  as  the  president  of  the 
said  Brooklyn  fire  department  shall  designate,  (at  least  ten 
days  previous  to  the  time  of  meeting  thereof,)  and  a  ma- 
jority of  the  votes  cast  shall  be  necessary  to  constitute  a 
choice ;  the  president  and  secretary  of  the  said  Brooklyn 
fire  department  shall  act  as  president  and  secretary  of 
such  conventions,  but  shall  not  be  entitled  to  a  vote  un- 
less they  are  regular  delegates,  and  the  proceedings  thereof 
shall  be  kept  on  file  with  the  documents  of  the  fire  de- 
partment. 

§  3.  The  first  election  for  commissioners  under  this  act 
shall  take  place  on  the  second  Tuesday  in  May  next,  and 
within  ten  days  thereafter  the  persons  so  elected  shall,  in 
the  presence  of  the  president  of  the  said  Brooklyn  fire  de- 
partment, draw  for  the  term  of  their  respective  offices,  say 
one  for  the  term  of  five  years,  one  for  the  term  of  four 


119 


years,  one  for  the  term  of  three  years,  one  for  the  term  of 
two  years,  and  one  for  the  term  of  one  year.  And  annu- 
ally thereafter  shall  be  elected  one  commissioner  to  hold 
his  office  for  the  term  of  five  years,  but  each  and  every 
commissioner  shall  hold  his  office  until  his  successor  has 
been  elected  and  has  duly  qualified. 

§  4.  In  case  of  a  vacancy  in  the  office  of  either  or  all  of  VacaDcles- 
the  said  commissioners,  either  by  death,  removal,  or  resig- 
nation, the  president  of  the  said  Brooklyn  fire  department 
shall  call  a  convention  within  thirty  days  thereafter  to  fill 
said  vacancy  or  vacancies,  and  the  person  or  persons  so 
elected  shall  hold  their  office  only  for  the  unexpired 
term. 

§  5.  No  person  shall  be  eligible  as  such  commissioner  Qualifications, 
unless  he  shall  be  at  the  time  of  such  election  an  exempt 
fireman,  and  shall  have  ceased  to  be  a  member  of  the 
Brooklyn  fire  department  for  at  least  two  years  prior  to 
said  election. 

§  6.  In  case  of  the  refusal  or  neglect  of  either  or  all  of  Removal, 
the  said  commissioners  to  perform  any  of  the  duties  impos- 
ed upon  them  by  this  act,  the  common  council  of  the  city 
of  Brooklyn  shall  have  power  to  remove  said  commission- 
er or  commissioners,  upon  the  petition  of  the  board  of  rep- 
resentatives of  the  said  Brooklyn  fire  department  therefor. 

§  7.  The  president  and  secretary  of  the  said  Brooklyn  ^^n^uc 
fire  department  shall  certify  to  the  common  council  the  reject- 
names  of  all  persons  elected  commissioners  under  this  act, 
who  shall  confirm  or  reject  the  same  within  thirty  days 
thereafter  ;  in  case  of  rejection  the  president  of  the  said 
Brooklyn  fire  department  shall  immediately  call  for  a  con- 
vention to  proceed  with  a  new  election. 

§  8.  The  said  commissioners  shall  nominate  and  the  cierk  to 

v  commissioners. 

common  council  shall  appoint,  a  clerk  at  a  salary  of  not 


120 


Eules. 


less  than  five  hundred  dollars  a  year,  who  shall  hold  his 
office  during  the  pleasure  of  said  commissioners,  and  the 
commissioners  and  clerk  shall  take  an  oath  to  well  and  faith- 
fully perform  their  duties. 

§  9.  The  said  commissioners  may  make  such  rules  and 
regulations  as  may  be  necessary  for  the  performance  of 
their  duties  not  inconsistent  with  the  laws  of  the  State  of 
New  York,  or  of  the  United  States,  and  it  shall  require  a 
majority  to  constitute  a  quorum  for  the  transaction  of 
business. 

commissioners'  §  10.  It  shall  be  the  duty  cf  the  said  commissioners  to 
tonW  °n  inquire  into  all  applications  for  the  organization  of  fire 
companies,  and  the  result  of  such  inquiry,  whether  in  favor 
of  or  against  said  application,  shall  be  certified  by  them, 
through  the  chief  engineers,  to  the  common  council  for 
confirmation,  and  no  fire  companies  shall  be  organized  un- 
less approved  by  said  commissioners,  save  as  provided  for 
hereafter  in  section  thirteen. 

§  11.  It  shall  be  the  duty  of  the  chief  engineer  of  the 
said  fire  department  to  present  to  said  commissioners  the 
names  of  all  persons  applying  to  be  appointed  firemen,  and 
of  all  persons  expelled  or  resigned  from  the  department, 
and  on  the  same  being  duly  investigated  and  determined 
by  them,  they  shall  certify  the  result  of  their  action  to  the 
chief  engineer,  who  shall  thereupon  return  the  same  to  the 
common  council  for  their  approval. 

in  relation  to  §  12.  The  said  commissioners  shall  have  cognizance  of 
n^lt^emen.  all  complaints  against  all  firemen  and  fire  companies,  for 
riotous  or  disorderly  conduct  at  fires  or  alarms  of  fires,  or 
for  violation  of  any  of  the  state  or  city  laws  respecting  the 
firemen  of  the  city  of  Brooklyn.  They  shall  diligently  in- 
quire into  the  same,  and  if  the  parties  so  charged  shall  be 
proved  guilty,  the  said  commissioners  are  hereby  empow- 


In  relation  to 
firemen  to  be 
appointed. 


121 


ered  to  susjiend  or  remove  such  firemen,  or  disband  such 
companies,  subject  to  the  approval  of  the  common  council. 

§  13.  Should  any  disagreement  arise  between  the  com-  "Disagreement 

°  ...  between 

mon  council  and  the  said  commissioners,  in  regard  to  any  common  council 

'  °  J  and  cominis- 

decision  of  the  latter,  under  the  tenth,  eleventh,  and  twelfth sioners- 
sections  of  this  act,  the  same  shall  be  referred  back  to  the 
commissioners  for  reconsideration  within  thirty  days  after 
the  same  shall  have  been  first  presented  to  the  said  com- 
mon council ;  and  should  the  commissioners  refuse  to  re- 
cede therefrom,  or  reconsider  the  same,  then  their  action 
shall  be  final,  unless  the  common  council  by  a  vote  of  two- 
thirds  of  al]  the  members  elected  shall  overrule  such  decis- 
ion within  thirty  days  after  it  shall  have  been  again  pre- 
sented to  them. 

6  11.  The  chairman  of  said  commissioners,  or  either  of  Oaths  before 

J  »  commissioners. 

them,  may  administer  oaths  and  affirmations  to  witnesses 
appearing  before  them,  and  may  require  such  witnesses  to 
testify  in  respect  to  any  matters  pending  before  the  commis- 
sioners; and  should  any  witness  or  witnesses,  after  being  duly 
notified,  refuse  to  attend,  the  commissioners  may  apply  to 
one  of  the  justices  of  any  court  of  record,  and  upon  proper 
proof  being  made  of  the  service  of  notice,  the  said  justice 
shall  issue  an  attachment  compelling  the  attendance  of 
such  witness  or  witnesses. 

§  15.  False  swearing  before  said  commissioners  shall  be  raise  swearing 

°  .  °     .  deemed  perjury. 

deemed  perjury,  and  punishable  as  such. 

§16.  The  said  commissioners  shall  also  nominate,  and  Boii-ringers,how 
the  common  council  confirm,  all  bell  ringers  for  each  sta-  apP°in 
tion  requiring  them,  subject  to  removal  by  said  commis- 
sioners for  neglect  of  duty  only,  and  no  one  shall  be  eligi- 
ble for  the  appointment  of  bell  ringer  unless  he  be  an  ex- 
empt fireman. 


§  17.  The  said  commissioners  shall  design  a  badge,  to 
9 


122 


to SpfrT  bc  confirmed  by  the  common  council,  and  a  sufficient  num- 
Tnen's  badge.  ber  furnished  by  said  common  council,  which  shall  be  con- 
spicuously worn  by  every  fireman  when  on  duty  as  such, 
and  such  exempt  firemen  as  the  said  commissioners  shall 
"give  permission  to  in  writing,  unless  such  firemen  or  ex- 
empt firemen  shall  be  otherwise  equipped,  as  provided  for 
by  city  ordinance;  and  the  said  common  council  shall  pass 
such  ordinances  as  may  be  requisite  to  prevent  the  ap- 
proach of  persons  other  than  such  firemen  or  exempt  fire- 
men and  policemen  to  the  vicinity  of  fire. 

^SSaS      §  18.  Nothing  in  the  foregoing  section  shall  be  so  con- 
firemcnat  fires.  stmed  as  to  deprive  the  chief  engineer  from  the  sole  and 
absolute  control  of  all  firemen  in  case  of  fire,  or  from 
calling  to  his  aid  citizens,  if  he  may  deem  it  necessary,  to 
assist  in  extinguishing  fires. 

SSS?8  §  19i  AnJ  person  who  shall  falsely  represent  any  of  the 
misdemeanor.  memkers  of  t]ie  fire  department  of  the  said  city  of  Brook- 
lyn, or  who  shall  maliciously,  with  intent  to  deceive,  use 
or  imitate  any  of  the  signs,  fire  caps,  badges,  signals,  or 
devices,  adopted  or  used  by  the  fire  department,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  shall  be  subject  to  a 
fine  of  not  less  than  twenty -five  dollars  or  more  than  two 
hundred  and  fifty  dollars,  and  by  imprisonment  for  a  term 
of  not  less  than  ten  days  or  more  than  three  months. 

repealing  clause.     §  20.  All  laws  and  parts  of  laws  heretofore  adopted,  in- 
consistent with  this  act  are  hereb}r  repealed. 

§  21.  This  act  shall  take  effect  on  the  second  Tuesday 
in  May  next. 


AN  ACT 


TO  INCORPORATE  THE  FIRE  DEPARTMENT  OF  THE  EASTERN  Eastern  district 
DISTRICT  OF  THE  CITY  OF  BROOKLYN. 


PASSED  APRIL  7,  1857— THREE-FIFTHS  BEING  PRESENT. 


The  People  of  the  State  of  New  York,  represented  in  Senate 
and  Assembly,  do  enact  as  follows  : 

Section  1.  All  such  persons  as  now  are  or  hereafter  The  Brooklyn 
shall  be  firemen,  belonging  to  any  legally  organized  body  fire  department 
of  firemen  in  .  the  present  eastern  district  of  the  city  of 
Brooklyn,  in  the  county  of  Kings,  shall  be  and  hereby  are 
constituted  and  declared  to  be  a  body  corporate,  by  the 
name  and  title  of  "  The  Brooklyn  Eastern  District  Fire 
Department ;"  and  by  that  name  and  title  they  and  their 
successors  shall  and  may  have  succession,  and  may  have  a 
common  seal,  and  may  change  and  alter  the  same  at  their 
pleasure  ;  and  also  by  said  name  and  title  shall  in  law  be 
capable  of  purchasing,  holding  and  conveying  any  estate, 
real  or  personal,  for  the  use  of  the  corporation  hereby 
created ;  provided,  that  the  amount  thereof  shall  not  at 
any  one  time  exceed  the  sum  of  one  hundred  thousand 
dollars. 

§  2.  There  shall  be  a  board  of  representatives,  composed  Board  of 
of  one  or  more  delegates  from  each  organized  fire  compa- 
ny, and  one  from  the  board  of  engineers,  doing  or  having 
done  duty  as  such  in  the  said  eastern  district,  recognized  by 
the  common  council,  and  by  a  majority  of  all  the  repre- 
sentatives hereinafter  named,  or  their  successors.    But  no 


1 


124 

company  disbanded  shall  be  entitled  to  representation,  nor 
shall  the  representatives  of  any  company  be  entitled  to 
participate  in  the  proceedings  of  the  said  board,  except  in 
full  compliance  with  this  act,  and  with  the  by-laws  of  the 
said  department. 

§  o.  It  shall  be  the  duty  of  each  fire  company  entitled  to 
representation  in  said  board,  to  choose  its  representatives, 
and  make  a  return  of  their  names  and  places  of  residence 
to  the  secretary  of  the  department,  on  or  before  the  first 
Monday  in  January,  annually.  Whenever  a  vacancy 
occurs  in  said  board,  the  same  shall  be  filled  by  the  pro- 
per company,  pursuant  to  the  by-laws  of  the  said  depart- 
ment. 

§  4.  The  first  board  of  representatives  shall  be,  and  the 
same  hereby  is  constituted  as  follows,  viz : 

From  engine  company  No.  1 — P.  Dorman,  James 
Mudge,  James  Boyd. 

From  engine  company  No.  2 — J.  H.  Eeilly,  Joseph 
McGraw,  George  Quinn. 

From  engine  company  No.  3— Joseph  Homan,  Jeremiah 
Brown,  Daniel  C.  Driver. 

From  engine  company  No.  4 — Kalph  Kerkman,  Lewis 
Freude,  Thomas  Williamson. 

From  engine  company  No.  5— Thomas  Hayden,  Thomas 
Holland,  James  Kelly. 

From  engiue  company  No.  6— Benjamin  W.  Wilson, 
E.  E.  World,  John  Martin. 

From  engine  company  No.  7— John  Brown,  William 
Mitchell,  John  Guischarcl. 

From  engine  company  No.  8— Charles  Harper,  Abram 
Messerole,  George  N.  Williams. 

From  engine  company  No.  9— Eobert  T.  Hendricks, 
George  G.  Bennett,  B.  C.  Martin. 

From  engine  company  No.  10— William  Mullen,  John 
Bennett,  Thomas  C.  White. 


125 


From  engine  company  No.  11 — James  J.  Jones,  Charles 
Coffin,  A.  N.  Nauert. 

From  engine  company  No.  12 — Rodney  Thursby,  Ben- 
jamin F.  Downs,  G.  W.  Williams. 

From  engine  company  No.  13— Charles  H.  Foster,  Wil- 
liam H.  Mersheon,  Henry  Dixon. 

From  hose  company  No.  1— J.  F.  Wiggans,  Charles 
Hull,  W.  H.  Laurence. 

From  hose  company  No.  2 — M.  Murray,  John  Stoll,  G. 
H.  Lindsay. 

From  hose  company  No.  3 — John  W.  Smith,  George  H. 
Bennett,  John  H.  Perry. 

From  hose  company  No.  -1— John  G.  Barker,  Thomas 
W.  Lewis,  R.  D.  Woodland. 

From  hook  and  ladder  company  No.  1 — William  M. 
Scott,  Edward  Powell,  Mark  McAuley. 

From  hook  and  ladder  company  No.  2 — Charles  Miller, 
George  Covert,  and  Richard  Hamilton. 

From  hook  and  ladder  company  No.  3 — W.  Van  Yol- 
kenburgh,  W.  P.  Potter,  Leonard  Minuse. 

From  bucket  company  No.  1 — J.  C.  R.  Pooler,  A.  Wes- 
sels,  James  Meikle. 

From  board  of  engineers — Andrew  J.  Hinman. 

§5.  The  officers  of  said  department  shall  consist  of  aOfe,ii(nv 
president,  a  vice-president,  a  secretary,  a  treasurer,  and  a 
collector,  all  of  whom  shall  be  chosen  annually  by  the  re- 
presentatives, by  ballot.  Such  election  shall  be  held  at  the 
annual  meeting,  to  be  designated  by  the  by-laws  of  said 
department,  or  as  soon  thereafter  as  may  be.  The  presi- 
dent and  vice-president  shall  be  chosen  from  among  the 
representatives,  but  the  other  officers  may  be  chosen  from 
the  firemen  at  large. 

§  6.  Benjamin  W.  Wilson  shall  be  the  first  president ;  First  officer 
Jonathan  F.  Wiggans  shall  be  the  first  vice-president; 


126 


Board  ol 
trustees. 


Business  and 
purposes. 


Robert  T.  Hendricks  shall  be  the  first  secretary  ;  William 
Meeks  shall  be  the  first  treasurer  ;  Owen  Dennon  shall  be 
the  first  collector  ;  all  of  whom  shall  hold  their  respective 
offices  until  the  first  annual  meeting  of  the  said  board  of 
representatives,  unless  sooner  removed  as  hereinafter  pro- 
vided, and  (excepting  the  president  and  vice-president) 
until  their  successors  are  duly  chosen  and  qualified. 

§  7.  There  ahall  be  a  board  of  trustees,  consisting  of  one 
member  from  each  legally  organized  company,  to  be  nomi- 
nated by  their  respective  companies,  and  subject  to  confir. 
mation  by  the  said  board  of  representatives,  by  ballot,  at 
their  first  meeting  after  the  passage  of  this  act,  or  as  soon 
thereafter  as  may  be.  The  terms  of  office,  and  also  all 
elections  subsequent  to  the  election  therein  provided  for  of 
the  said  trustees,  shall  be  determined  and  established  by 
the  by-laws  of  the  said  department.  Said  board  of  trus- 
tees shall,  and  it  is  hereby  made  their  duty,  (subject,  how- 
ever, to  the  control  of  the  said  board  of  representatives, 
and  the  provisions  of  this  act,)  to  care  for,  manage  and 
direct  the  investment  and  disbursement  of  the  monej^s  in 
or  belonging  to  the  firemen's  benevolent  fund,  hereinafter 
provided  for.  They  shall  appoint  a  chairman  from  their 
own  body,  who  shall  have  power  to  convene  them  when- 
ever he  thinks  proper,  and  it  shall  be  his  duty  to  do  so  as 
often  as  quarter-yearly. 

§  8.  The  business  and  purposes  of  the  said  department 
shall  be,  and  it  is  hereby  authorized  and  empowered  to 
raise,  accumulate,  invest,  superintend,  apply,  dispose  of, 
and  expend,  a  fund  or  funds  for  the  relief  of  firemen,  and 
the  widows  and  the  orphans  of  firemen.  A  fund,  which 
shall  be  called  the  "firemen's  benevolent  fund,"  shall  be 
established  and  maintained  with,  and  the  moneys  arising 
from,  fees  for  certificates,  fines  and  forfeitures  received, 
collected  and  recovered,  for  any  violation  of  law  or  ordi- 
nance ;   the  interest  of  all  moneys  funded,  donations,  an- 


127 


nuities,  endowments,  and  from  such  other  sources  as  may 
from  time  to  time  be  agreed  upon,  shall  be  devoted  to  and 
placed  in  said  fund,  and  said  fund  shall  be  for  the  relief  of 
indigent  firemen,  and  the  widows  and  the  orphans  of  fire- 
men, who  may  be  in  indigent  circumstances,  needing  such 
relief,  and  worthy  of  assistance,  and  for  no  other  purpose ; 
and  no  moneys  appropriated  to  and  placed  in  the  said  fire- 
men's benevolent  fund,  shall  be  invested  or  loaned,  except 
in  or  upon  the  securities  or  stocks  of  this  state,  or  of  the 
United  States,  or  the  stocks  or  bonds  of  the  cities  of  New 
York  or  Brooklyn,  or  upon  unincumbered  real  estate  in 
this  state,  worth  at  least  double  the  amount  to  be  secured 
thereby. 

§  9.  The  money,  funds,  assets,  and  property,  of  all  kinds,  The  fun(ls- 
which  are  of  and  belonging  to  the  association  known  as 
"  The  Fire  Department  of  Williamsburgh,  in  Kings 
County,"  shall,  together  with  its  liabilities,  belong  to,  and 
be  assumed  by  the  corporation  hereby  created,  and  all 
money  or  funds  of  the  said  association,  excepting  the  con- 
tingent fund  thereof,  shall  be  devoted  to  and  placed  in  the 
firemen's  benevolent  fund  of  the  said  corporation. 

§  10.  The  treasurer,  the  secretary,  and  the  collector,  and  *™a*  t0  be 
such  other  officers,  trustees  or  agents  of  the  said  depart- 
ment, as  may  from  time  to  time  be  required  by  the  said 
board  of  representatives,  shall  each  give  a  bond  to  said  de- 
partment, with  sureties,  conditioned  for  the  faithful  per- 
formance of  their  respective  duties,  and  for  the  accounting 
and  paying  over,  whenever  required  so  to  do,  all  sums  of 
money  or  property  which  may  come  into  their  hands  by 
virtue  of  their  respective  offices.  Said  bonds  shall  be  in 
such  amounts,  and  further  conditioned,  as  the  said  board 
of  representatives  may  from  time  to  time  determine. 

§  li.  The  said  board  of  representatives  shall  have  the  Powers  of 
right,  and  they  are  hereby  invested  with  power  :  representatives. 


128 

To  canvass  the  votes  cast  at  all  elections  for  all  candi- 
dates for  chief  and  assistant  engineers,  and  return  the  re- 
sult to  the  common  council  of  the  city  of  Brooklyn  for 
confirmation. 

To  make,  alter,  amend  and  enforce  by-laws,  rules  and 
regulations,  for  their  own  government ;  provided,  that 
such  by-laws,  rules  and  regulations,  except  in  so  far  as 
they  may  relate  to  the  funds  of  this  department,  do  not 
conflict  with  the  ordinances  of  the  said  city  of  Brooklyn. 

To  levy  and  collect  fines,  assessments,  and  other  moneys, 
and  establish  and  enforce  penalties  over  those  whom  they 
represent,  and  over  their  own  members,  and  to  define  the 
duties  of  their  officers  and  agents. 

To  choose  their  own  officers,  appoint  their  times  and 
places  of  meeting,  determine  without  appeal  the  qualifica- 
tions of  their  own  members,  and  generally  to  manage, 
direct  and  control  all  business  pertaining  to  the  said  de- 
partment ;  provided,  however,  that  all  such  elections, 
levies,  fines,  assessments  and  penalties,  shall,  as  far  as  may 
be,  be  regulated  and  established  by  the  by-laws  of  the  said 
department.  The  said  board  of  representatives,  and  the 
said  board  of  trustees,  shall  each  keep  a  record  of  their 
proceedings. 

catesStoefiremen  §  ^Qe  sa^  hoard  of  representatives  shall,  upon  such 
conditions  and  under  such  regulations  as  they  may  adopt, 
have  the  sole  right,  and  it  is  hereby  made  their  duty,  to 
issue  certificates  to  the  firemen  of  the  said  department. 

certificates,  §  13.  Each  and  every  of  the  said  certificates  shall  be  sub- 
how  drawn.  .  _  n  . 

scribed  b}^  the  president,  secretary,  treasurer,  and  chief  en- 
gineer of  the  said  department,  and  have  the  seal  of  the 
said  department  attached,  and  be  attested  by  the  city  clerk 
of  the  said  city  of  Brooklyn,  who  shall  attest  the  same  with- 
out charge  or  fee,  and  each  certificate  so  signed  and  attest- 
ed, shall  be  evidence  in  all  courts  and  cases  of  the  facts  there- 
in contained  and  set  forth.  No  certificate,  setting  forth  any 
of  the  facts  mentioned  in  either  of  said  certificates,  shall  be  is 


129 


sued,  given  or  granted  by  the  common  council  of  said  city  of 
Brooklyn,  to  any  one  claiming  or  receiving  the  same  as  a 
fireman  of  or  from  the  said  department,  unless  in  concur- 
rence with  the  said  board  of  representatives. 

§  14.  No  fireman,  nor  widow  nor  orphan  of  any  fire-  Rights  in  the 
man,  shall  be  deemed  to  have  any  claim  or  right  to  the  aid  u  (  ' 
or  benefit  of  the  fund  or  funds  of  the  said  department,  un- 
til such  fireman  shall  have  paid  into  the  same  such  moneys, 
fees,  dues  or  fines,  as  by  the  by-laws  thereof  may  have 
been  required  of  him,  and  otherwise  fully  complied  with 
said  by-laws. 

§  lo.  Said  board  of  representatives  shall,  at  their  first  Fire  wardens  of 

v  1  the  eastern 

meeting  after  the  passage  of  this  act,  nominate  as  fire  war-  district,  how 

°  ,.      .  .  appointed  at 

dens  of  the  eastern  district  of  the  city  of  Brooklyn,  three  first- 
exempt  firemen,  who  shall  have  served  at  least  five  years 
as  firemen  within  the  bounds  of  said  district.  A  majority 
of  all  the  votes  cast  shall  be  requisite  to  make  a  nomina- 
tion. The  names  of  the  persons  thus  nominated  shall  be 
returned  to  the  common  council  of  said  city  for  its  approval. 
If  the  said  common  council  neglects  or  fails  to  reject  any 
of  the  said  nominees  within  twenty  days  after  receiving 
notice  of  such  nomination,  they  shall  be  considered  duty 
appointed.  In  case  of  any  rejection,  the  said  board  of  re- 
presentatives shall  again  nominate  as  before,  and  so  con- 
tinue to  nominate  until  said  offices  be  filled.  The  persons 
nominated  and  appointed  as  aforesaid,  shall  be  the  fire 
wardens  of  the  eastern  district  of  the  city  of  Brooklyn. 
They  shall  perform  such  duties,  and  receive  such  compen- 
sation, as  the  said  common  council  shall  from  time  to  time 
prescribe. 

§  16.  The  president  of  the  said  department  shall,  within  To  be  classified 
ten  days  after  the  first  appointment  of  said  fire  wardens, 
notify  them  to  meet  for  the  purpose  of  classification ;  and 
he  shall  then  and  there  proceed  by  lot  to  divide  them  into 
three  classes.    They  shall  serve  from  the  date  of  their  ap- 


130 


Oue  to  be 
appointed 
annually. 


Firemen  not 
incompetent  in 
certain  cases. 


Fines 


pointment  as  follows,  to  wit :  those  of  the  first  class,  until 
the  second  Thursday  in  January,  eighteen  hundred  and 
fifty-eight ;  those  of  the  second  class,  until  the  second 
Thursday  in  January,  eighteen  hundred  and  fifty-nine  ; 
and  those  of  the  third  class,  until  the  second  Thursday  in 
J anuary,  eighteen  hundred  and  sixty ;  and  each  and  re- 
spectively until  their  successors  shall  have  been  duly  ap- 
pointed and  qualified,  unless  sooner  removed  as  hereinbe- 
fore provided.  The  president  and  the  secretary  of  the  said 
department  shall  certify  to  such  classification,  and  file  the 
same  with  the  city  clerk,  which  shall  be  evidence  of  such 
classification. 

§  17.  After  the  first  nomination  and  appointment  of  said 
fire  wardens,  there  shall  be  annually  nominated  and  ap- 
pointed, in  like  manner  and  under  like  conditions,  qualifica- 
tions and  restrictions,  subject  to  the  same  duties  and  en- 
titled to  the  same  compensation,  one  fire  warden  of  the 
said  eastern  district,  who  shall  hold  his  office  for  the  term 
of  three  years,  and  until  his  successors  are  duly  chosen  and 
qualified,  unless  sooner  removed  for  neglect  of  duty. 

§  18.  No  person  shall  be  deemed  incompetent  as  a  judge, 
justice,  witness  or  juror,  by  reason  of  his  being  a  fireman 
of  the  said  department,  in  any  action  or  proceeding  in 
which  the  said  department  is  a  party  or  interested. 


§  19.  All  fines  imposed  by  the  said  board  of  represen- 
tatives, upon  any  representative,  trustee,  officer,  engineer, 
warden  or  agent  of  the  said  department,  pursuant  to  this 
act,  and  to  the  by-laws  of  said  department,  may  be  sued 
for  and  recovered  at  law.  All  suits  for  the  recovery  of 
any  such  fines,  shall  be  brought  by  the  treasurer,  when 
ordered  so  to  do  by  the  representatives  or  trustees,  and 
all  such  suits  shall  be  in  the  name  of  the'  said  department. 

Convention  for  §  20.  There  shall  be  elected  by  a  convention  of  firemen, 
ofcoSnSSionersto  be  composed  of  two  delegates  from  each  legally  organ- 


131 


ized  fire  company,  and  one  delegate  from  the  board  ^J^®£aBtern 
engineers,  in  the  eastern  district  of  the  city  of  Brooklyn,  five 
commissioners,  to  be  denominated  the  commissioners  of  the 
fire  department  of  the  eastern  district  of  the  city  of  Brooklyn. 

§  21.  The  conventions  for  the  election  of  said  commis-  when  held, 
sioners  shall  be  held  on  the  second  Tuesday  of  May  in 
each  year,  at  such  place  and  hours  as  the  president  of  the 
said  fire  department  shall  designate,  (at  least  ten  days  pre- 
vious to  the  time  of  meeting  thereof,)  and  a  majority  of 
the  votes  cast  shall  be  necessary  to  constitute  a  choice. 
The  president  and  secretary  of  the  said  Brooklyn  fire  de- 
partment of  the  eastern  district,  shall  act  as  president  and 
secretary  of  such  conventions,  but  shall  not  be  entitled  to 
vote  unless  they  are  regular  delegates  ;  and  the  proceed- 
ings thereof  shall  be  kept  on  file  with  the  documents  of  the 
fire  department  of  the  eastern  district. 

§  22.  The  first  election  for  commissioners  under  this  act  Election  of 

°  commissioner: 

shall  take  place  on  the  second  Tuesday  in  May  next ;  and 
within  ten  days  thereafter,  the  persons  so  elected  shall,  in 
the  presence  of  the  president  of  the  said  eastern  district 
Brooklyn  fire  department,  draw  for  the  term  of  their  re- 
spective offices ;  say,  one  for  the  term  of  five  years,  one 
for  the  term  of  four  years,  one  for  the  term  of  three  years, 
one  for  the  term  of  two  years,  and  one  for  the  term  of  one 
year.  And  annually  thereafter  there  shall  be  elected  one 
commissioner,  to  hold  his  office  for  the  term  of  five  years, 
but  each  and  every  commissioner  shall  hold  his  office  un- 
til his  successor  has  been  elected  and  has  duly  qualified. 
The  said  board  of  representatives  shall  nominate,  and  the 
common  council  shall  appoint,  a  clerk  to  the  commission- 
ers, at  a  salary  of  not  less  than  four  hundred  dollars  per 
annum  ;  said  clerk  must  be  an  expert  fireman  of  said  dis- 
trict. 

§  23.  In  case  of  a  vacancy  in  the  office  of  either  or  all  of  ^ToS11 
the  said  commissioners,  either  by  death,  removal  or  resig- 


132 


nation,  the  president  of  the  said  eastern  district  Brooklyn 
fire  department,  shall  call  a  convention  within  thirty  days 
thereafter,  to  fill  said  vacancy  or  vacancies ;  and  the  per- 
son or  persons  so  elected,  shall  hold  their  office  only  for 
the  unexpired  term. 

Qualifications  of.  j  24  No  person  shall  be  eligible  as  such  commissioner, 
unless  he  shall  be  at  the  time  of  such  election  an  exempt 
fireman,  and  shall  have  ceased  to  be  a  member  of  the 
Brooklyn  fire  department  of  the  eastern  district. 

Removal  of.  §  95,  In  case  of  the  refusal  or  neglect  of  either  or  all  of 
the  said  commissioners  to  perform  any  of  the  duties  imposed 
upon  them  by  this  act,  the  common  council  of  the  city  of 
Brooklyn  shall  have  the  power  to  remove  said  commission- 
er or  commissioners,  upon  the  petition  of  the  board  of  re- 
presentatives of  the  said  Brooklyn  fire  department  of  the 
eastern  district  therefor. 

common  council     §26.  The  president  and  secretary  of  the  said  fire  dc- 

to  confirm  or  °  . 

reject  them.  partment  shall  certify  to  the  common  council  the  names  of 
all  the  persons  elected  commissioners  under  this  act, 
who  shall  confirm  or  reject  the  same  within  thirty 
days  thereafter ;  in  case  of  rejection,  the  president  of  the 
said  fire  department  shall  immediately  call  for  a  convention 
to  proceed  with  a  new  election. 

Kakfiuies.8  §  27.  The  said  commissioners  may  make  such  rules  and 
regulations  as  may  be  necessary  for  the  performance  of  their 
duties,  not  inconsistent  with  the  laws  of  the  state  of  New 
York  or  of  the  United  States  ;  and  it  shall  require  a  ma- 
jority to  constitute  a  quorum  for  the  transaction  of  business. 
The  said  commissioners  shall  keep  a  journal  of  their  pro- 
ceedings. 

apVSonifo?      §  28.  l1;  sna11  be  tlie  duty  of  the  said  commissioners  to 
fire  companies.  inquire  into  all  applications  for  the  organization  of  fire 
companies,  and  the  result  of  such  inquiry,  whether  in  fa- 
vor of  or  against  said  application,  shall  be  certified  by 
them,  through  the  chief  engineer  of  the  eastern  district,  to 


133 


the  common  council  for  confirmation  ;  and  no  fire  compa- 
nies shall  be  organized  unless  approved  by  said  commis- 
sioners, save  as  provided  for  hereafter  in  section  thirty- 
one. 

§  29.  It  shall  be  the  duty  of  the  said  chief  engineer  of  the  ^£S$SSSt 
said  fire  department,  to  present  to  said  commissioners  the  firemen  t0  them- 
names  of  all  persons  applying  to  be  appointed  firemen,  and 
of  all  persons  expelled  or  resigned  from  the  fire  depart- 
ment, (eastern  district,)  and  on  the  same  being  duly  in- 
vestigated and  determined  by  them,  they  shall  certify  the 
result  of  their  action  to  the  chief  engineer,  who  shall  there- 
upon return  the  same  to  the  common  council  for  their  ap- 
proval. 

§  30.  The  said  commissioners  shall  have  cognizance  of  ^hav^cS^ 
all  complaints  against  firemen  and  fire  companies,  for  riot-  p^^?0  against 
ous  or  disorderly  conduct  at  fires  or  alarms  of  fire,  or  for  nrcmen' 
violation  of  any  of  the  state  or  city  laws  respecting  the 
firemen  of  the  city  of  Brooklyn.    They  shall  diligently 
inquire  into  the  same,  and  if  the  parties  charged  shall  be 
proved  guilty,  the  said  commissioners  are  hereby  empow- 
ered to  suspend  or  remove  such  firemen,  or  disband  such 
companies,  subject  to  the  approval  of  the  common  council. 

§  31.  Should  anv  disagreement  arise  between  the  com-  wj?en  *hei.r 

J  jo  action  final 

mon  council  and  the  said  commissioners,  in  regard  to  any  thereon, 
decision  of  the  latter  under  the  twenty-eighth,  twenty-ninth 
and  thirtieth  sections  of  this  act,  the  same  shall  be  referred 
back  to  the  commissioners  for  reconsideration  within  thir- 
ty days  after  the  same  shall  have  been  first  presented  to 
the  said  common  council,  and  should  the  commissioners 
refuse  to  recede  therefrom,  or  reconsider  the  same,  then 
their  action  shall  be  final,  unless  the  common  council,  by 
a  vote  of  two-thirds  of  all  the  members  elected,  shall  over- 
rule such  decision. 

§  32.  The  chairman  of  said  commissioners,  or  either  of  Their  chairman 

,  ,     .    .  _  .  to  administer 

them,  may  administer  oaths  and  affirmations  to  witnesses  oaths. 


134 


appearing  before  them,  and  may  require  sucli  witnesses  to 
testify  in  respect  to  any  matters  pending  before  the  com- 
missioners; and  should  any  witness  or  witnesses,  after 
being  duly  notified,  refuse  to  attend,  the  commissioners 
may  apply  to  one  of  the  justices  of  the  peace  for  the  city 
of  Brooklyn,  and  upon  proper  proof  being  made  of  the 
service  of  notice,  the  said  justice  shall  issue  an  attachment 
compelling  the  attendance  of  such  witness  or  witnesses. 

befoJetbem"5  §  ^3.  Wilful  false  swearing  before  said  commissioners 
perjury.         shall      deemed  perjury,  and  punishable  as  such. 

?oTonnnttcers  §  31.  The  said  commissioners  shall  also  nominate,  and 
beii-nnpers.  ^  may0r  confirm,  all  bell  ringers  for  each  station  in  the 
eastern  district,  who  shall  hold  their  office  for  the  term  of 
two  years,  subject  to  removal  by  said  commissioners  for 
neglect  of  duty  only ;  they  shall  receive  such  salary  as  the 
common  council  may  from  time  to  time  prescribe,  which 
salary  shall  be  paid  by  the  said  common  council ;  and  no  one 
shall  be  eligible  for  the  appointment  of  bell  ringer,  unless 
he  be  an  exempt  fireman,  who  has  served  his  time  in  the 
fire  department  within  the  bounds  of  the  eastern  district. 

badgefS? a  §  35.  The  said  commissioners  shall  design  a  badge,  to 
firemen.  ^Q  C011firmed  by  the  common  council,  and  a  sufficient  num- 
ber furnished  by  the  said  common  council,  which  shall  be 
conspicuously  worn  by  every  fireman  when  on  duty  as 
such,  and  such  exempt  firemen  as  the  said  commissioners 
shall  give  permission  to  in  writing,  unless  such  fireman  or 
exempt  fireman  shall  be  otherwise  equipped  as  provided 
for  by  city  ordinance  ;  and  the  said  common  council  shall 
pass  such  ordinance  as  may  be  requisite,  to  prevent  the 
approach  of  persons,  other  than  such  firemen  or  exempt 
firemen,  and  policemen,  to  the  vicinity  of  the  fire. 

chief  engineer  to    §  36.  Nothing  in  the  foregoing  section  shall  be  so  con- 
controi  at  Ares,  strued  as  to  deprive  the  chief  engineer  of  the  eastern  district 
of  the  sole  and  absolute  control  of  all  firemen  in  case  of 


135 


fire,  or  from  calling  to  his  aid  citizens  if  he  may  deem  it 
necessary  to  assist  in  extinguishing  fires. 

§  37.  Any  person  who  shall  falsely  represent  any  of  the  ^^^j"8 
members  of  the  fire  department  of  the  said  city  of  Brook-  misdemeanoi 
lyn,  eastern  district,  or  who  shall  maliciously,  with  intent 
to  deceive,  use  or  imitate  any  of  the  signs,  fire  caps? 
badges,  signals  or  devices,  adopted  or  used  by  the  fire  de- 
partment, shall  be  deemed  guilty  of  a  misdemeanor,  and 
shall  be  subject  to  a  fine  of  not  less  than  twenty -five  dol- 
lars, or  more  than  two  hundred  and  fifty  dollars,  and 
imprisonment  for  a  term  not  less  than  ten  days,  nor  more 
than  three  months. 

§  38.  All  laws  and  parts  of  laws  heretofore  adopted  for  Repealing  ciaus* 
the  government  of  the  fire  department  of  the  late  city  or 
village  of  "Williamsburgli,  inconsistent  with  this  act,  are 
hereby  repealed. 

§  39.  This  act  shall  take  effect  immediately. 


FIRE  LIMITS. 


AN  ACT 

Western  district  TO  ESTABLISH  FIRE  LIMITS,  AND  FOR  THE  MORE  EFFECTUAL 
PREVENTION  OF  FIRES  IN  THE  CITY  OF  BROOKLYN. 


PASSED  APRIL  12,  1855. 


district. 


Ihe  People  of  the  State  of  New  York,  represented  in  Senate 
and  Assembly,  do  enact  as  follows : 

thewSbSa01  Section  1.  The  fire  limits  of  the  city  of  Brooklyn  shall 
comprise  all  that  portion  of  said  city,  beginning  at  the 
East  river  at  the  northwest  corner  of  the  United  States 
Navy  Yard,  and  running  thence  southwesterly,  southeast- 
erly and  southerly  along  said  navy  yard  to  the  centre  of 
Nassau  street ;  thence  westerly  along  the  centre  of  Nassau 
street  to  the  centre  of  Navy  street ;  thence  southerly 
along  the  centre  of  Navy  street  to  the  centre  of  Johnson 
street ;  thence  westerly  along  the  centre  of  Johnson  street 
to  the  centre  of  Bridge  street ;  thence  southerly  along  the 
centre  of  Bridge  street  to  the  centre  of  Fulton  avenue ; 
thence  southeasterly  along  the  centre  of  Fulton  avenue  to 
the  centre  of  Hoyt  street ;  thence  southerly  along  the  cen- 
tre of  Hoyt  street  to  a  point  distant  one  hundred  feel 
southerly  of  the  southerly  line  of  Fulton  avenue  ;  thence 
northwesterly  and  parallel  with  Fulton  avenue  to  a  point 
one  hundred  feet  east  of  the  easterly  side  of  Smith  street ; 
thence  southerly  and  parallel  with  Smith  street  to  a  point 
one  hundred  feet  south  of  the  southerly  side  of  Fourth 
place  ;  thence  westerly  and  parallel  with  Fourth  place  to 
a  point  one  hundred  feet  east  of  the  easterly  side  of  Court 
street ;  thence  southerly  and  parallel  with  Court  street  to 
a  point  one  hundred  feet  south  of  the  southerly  side  of 
Hamilton  avenue ;  thence  northerly  and  parallel  with 
Hamilton  avenue  to  the  East  river  ;  thence  along  the  East 


137 


river  to  the  place  of  beginning.  The  common  council  may 
extend  the  same  from  time  to  time,  but  notice  of  the  in- 
tention to  make  any  application  to  the  common  council  for 
any  such  extension,  shall  be  published  in  the  corporation 
papers  for  at  least  thirty  days  before  acting  on  the  same. 
Within  the  said  district,  no  store,  storehouse,  dwelling  or 
other  building  whatsoever,  shall  be  erected  or  built  of  any 
other  material  than  brick,  stone  or  iron. 

§  2.  Every  such  dwelling  house,  store,  storehouse  or  Partition  walls 

J  • .  now  supported. 

other  building,  more  than  thirty  feet  in  width,  shall  be 
built  in  such  manner  that  all  the  floors  and  roof  thereof, 
throughout  their  whole  extent,  shall  be  supported  by  and 
rest  upon  one  or  more  partition  wall  or  walls  of  brick  or 
stone,  not  less  than  eight  inches  thick,  or  upon  girders 
sustained  by  proper  and  sufficient  posts,  pillars  or  columns 
of  iron,  brick  or  stone,  and  so  that  through  the  whole  ex- 
tent of  such  floor  and  roof,  and  each  of  them,  the  said 
walls  shall  not  be  distant  from  each  other,  or  from  such 
intermediate  support  or  supports  of  brick,  stone  or  iron, 
more  than  thirty  feet ;  but  such  intermediate  support  or 
supports  in  all  the  stories  above  the  first,  may  be  wooden 
posts  or  pillars,  of  such  quality  and  dimensions  as  shall  be 
approved  by  the  board  of  fire  wardens  of  the  western  dis- 
trict of  said  city;  and  all  such  partition  walls  which 
shall  exceed  thirty -five  feet  in  height  from  the  level  of  the 
sidewalk  to  the  peak  or  highest  part  thereof,  shall  not  be 
less  than  twelve  inches  thick ;  but  in  case  said  floors  or 
any  of  them,  throughout  the  whole  extent,  be  supported 
upon  iron  beams  or  girders,  of  proper  size  and  strength, 
resting  upon  the  outer  walls  of  such  store,  storehouse  or 
other  building,  and  distant  from  each  other  not  more  than 
fifteen  feet,  then  such  store,  storehouse  or  other  building 
may  be  so  erected,  as  that,  in  the  story  or  stories  beneath 
each  floor  so  supported,  the  lateral  walls  thereof  may  be 
distant  from  each  other,  or  from  a  partition  wall  or  walls, 
10 


138 


or  intermediate  supports  as  aforesaid,  a  distance  of  not 
more  than  forty  feet. 
Thickne^  of  §  3  jyj  waljSj  whether  party  or  otherwise,  of  all  brick 
or  stone  buildings,  hereafter  erected  or  built  in  the  western 
district  of  the  city  of  Brooklyn,  shall  not  be  less  than 
twelve  inches  thick  from  the  foundation  or  starting  place 
to  the  peak  or  highest  point  thereof ;  but  any  building  not 
exceeding  twenty -two  feet  in  width  nor  forty -five  feet  in 
depth,  may  be  built  above  the  foundation  or  cellar  walls 
with  eight  inch  side  or  end  walls,  which  walls  shall  not  be 
over  thirty -five  feet  in  height  from  the  level  of  the  side- 
walk to  the  peak  or  highest  point  thereof ;  but  such  build- 
ing shall  not  be  used  as  a  storehouse  or  manufactory  of 
any  kind  or  description  whatsoever  ;  nor  for  the  purpose  of 
storing  any  kind  of  heavy  goods  ;  and  the  side  or  end  wall 
of  any  such  building  may  be  built  thirty-eight  feet  high 
from  the  level  of  the  sidewalk  to  the  peak  or  highest  point 
thereof,  if  the  walls  of  the  first  story  above  the  level  of 
the  sidewalk  shall  be  built  of  a  thickness  of  at  least  twelve 
inches  from  the  commencement  of  the  foundation  to  the 
extreme  height  of  the  story  above  the  level  of  the  side 
walk  ;  but  such  building  shall  not  be  used  for  the  purpose 
of  a  manufactory  of  any  description  whatsoever,  or  for  a 
storehouse,  or  for  the  purpose  of  storing  any  kind  of  heavy 
goods. 

chimneys.  g  4.  AH  discharging  or  arch  pieces  used  in  the  chimneys 

of  any  dwelling,  store,  storehouse,  or  other  building,  here- 
after erected  or  built  in  the  city  of  Brooklyn,  shall  recede 
from  any  flue  in  any  such  chimney  at  least  five  inches,  and 
no  such  chimney  shall  be  started  and  built  upon  the  floor 
or  beams  of  such  dwelling,  storehouse,  or  other  building, 
but  shall  be  started  at  the  foundation,  and  all  such  chim- 
neys and  flues  shall  be  plastered  in  the  inner  surface  thereof. 
All  hearths  shall  be  supported  by  arches  of  brick  or  stone, 
and  no  chimney  in  any  building  now  erected,  or  hereafter  to 


139 


be  erected  within  the  city  of  Brooklyn,  shall  be  cut  off  to  be 
supported  in  any  manner  whatever,  provided  that  such  chim- 
ney must  be  supported  by  an  additional  wall  of  four  inches 
built  on  the  inner  side  of  said  wall ;  but  the  chimneys  of 
any  building  erected  with  eight  inch  walls,  may  be  started 
above  the  foundation  of  such  building,  provided  the  same 
are  started  from  and  wholly  rest  upon  a  base  formed  by 
racking  out  such  eight  inch  walls  with  brick  or  stone,  to 
an  additional  width  of  four  inches. 

§  5.  All  wooden  or  timber  gutters  or  cornices  of  any  Gutters, 
dwelling,  store,  storehouse,  or  other  building,  hereafter 
built  or  erected  within  the  Western  District  of  said  city, 
shall  be  firmly  secured  by  irons  which  shall  not  be  more 
than  seven  and  a  half  feet  apart  from  each  other,  and  on 
all  such  gutters  not  exceeding  twelve  inches  in  width,  the 
said  irons  shall  be  at  least  two  inches  in  width,  and  one- 
half  of  an  inch  thick,  and  on  all  such  gutters  exceeding 
twelve  inches  in  width,  the  said  irons  shall  be  at  least  two 
and  one-half  inches  in  width,  and  five-eighths  of  an  inch 
thick,  and  the  said  irons,  except  those  at  the  end  of  the 
cornice  or  gutter,  shall  be  fastened  or  secured  to  the  floor 
or  roof  beam,  and  the  end  iron  shall  be  fastened  in  the  side 
or  end  walls ;  provided,  however,  it  may  be  lawful  to 
erect  bracketed  gutters  built  in  the  wall  and  well  secured 
to  wall  strips,  built  in  the  walls  at  least  every  two  feet. 

§  6.  All  plate  irons  shall  be  built  into  the  side,  end  or  Plate  irons, 
party  walls,  and  the  iron  anchors  used  to  secure  the  plate 
pieces,  shall  be  at  least  two  inches  wide  and  one-half  of  an 
inch  thick ;  the  anchors  at  the  end  of  every  plate  piece 
shall  be  worked  or  built  into  the  side,  end  or  party  walls 
of  the  building,  and  the  said  anchors  shall  turn  down  at 
least  four  inches.  No  stone  or  iron  cornice  or  cornices 
shall  project  more  than  the  thickness  of  the  wall  on  which 
it  rests,  and  the  stones  shall  run  through  said  wall,  or  in 
any  case  the  greatest  weight  of  stone  or  iron,  or  other  ma- 


140 


u  rial,  shall  be  on  the  inside  of  said  line  of  said  wall  or 
walls  ;  all  the  mortar  shall  be  made  with  clear  sand,  and 
made  with  lime  or  cement  in  proper  proportions ;  and  in 
no  case  shall  any  loam  or  earthy  matter  be  put  in  any  mor- 
tar to  be  used  in  the  erection  of  the  brick  or  stone  walls  of 
any  building  or  buildings. 

§  7.  All  scuttle  frames  and  scuttle  doors,  on  every  brick 
or  stone  dwelling,  store,  storehouse,  or  other  building, 
hereafter  to  be  erected  or  built  within  the  fire  limits  afore- 
said, shall  be  made  of,  or  covered  with  copper,  zinc,  tin  or 
iron,  and  every  window  and  entrance  above  the  first  story, 
in  the  rear  of  every  storehouse,  over  thirty  feet  in 'height 
to  the  peak  or  highest  part  thereof,  from  the  level  of  the 
sidewalk,  shall  have  shutters  and  doors  thereon,  made  of 
copper  or  iron,  or  covered  with  copper,  tin,  or  other  fire- 
proof material,  to  be  approved  of  by  the  board  of  fire  war- 
dens of  the  western  district  of  the  city  of  Brooklyn.  Every 
store,  storehouse  or  other  building,  hereafter  erected  or 
built  as  aforesaid,  shall  have  a  scuttle  or  place  of  egress  in 
the  roof  thereof. 

Sheathing  of  §  8.  The  planking  or  sheathing  of  the  roof  of  every 
brick  or  stone  dwelling,  store,  storehouse,  or  other  build- 
ing so  erected  or  built  as  aforesaid,  shall  in  no  case  be  ex- 
tended across  the  party,  side,  or  end  walls  thereof;  and 
every  such  dwelling,  store,  storehouse,  or  other  building, 
and  the  top  and  sides  of  dormer  windows  thereon,  shall  be 
roofed  and  covered  with  slate,  iron,  copper,  tin,  zinc,  or 
other  fire  proof  materials,  to  be  approved  of  by  the  board 
of  fire  wardens  of  the  western  district  of  the  city  of  Brook- 
lyn, and  shall  be  equally  capable  of  withstanding  the  in- 
fluence of  fire. 

Beams  of  party  g  9  All  beams  and  other  timbers  in  the  party  or  other 
walls  of  every  dwelling,  store,  storehouse,  or  other  build- 
ing hereafter  built  or  erected  of  brick  or  stone  in  said  city, 


141 


shall  be  separated  from  the  beams  or  timbers  entering  into 
the  opposite  side  of  such  wall  by  the  distance  of  at  least 
four  inches  between  the  nearest  points  of  such  beams  or 
timbers,  except  that  in  eight  inch  walls  the  butts  or  ends 
of  the  beams  shall  be  cut  on  a  splay  of  two  and  one -half 
inches  in  their  width.  All  plate  pieces  in  the  front  or 
rear  walls  thereof  shall  recede  from  the  outside  of  such 
walls  at  least  four  inches ;  and  all  end,  side  or  party  walls 
of  such  buildings  shall  be  built  up  and  extend  at  least  six 
inches  above  the  planking  or  roofing,  and  shall  be  covered 
with  a  coping  of  stone  or  iron. 

§  10.  No  timber  shall  be  used  in  the  front  or  rear  walls  J 
of  any  dwelling,  store  or  storehouse,  or  other  building 
hereafter  built  or  erected  within  the  western  district  of  said 
city,  where  stone,  brick  or  iron  is  commonly  used ;  each 
lintel  on  the  inside  of  the  front  or  rear  wall,  or  side  walls, 
shall  have  a  secure  brick  arch  over  it,  and  no  bond  timber 
in  any  wall  thereof,  shall  in  width  and  thickness  exceed 
the  width  and  thickness  of  a  course  of  brick ;  and  no  bond 
timber  shall  be  more  than  six  feet  in  length,  and  such  bond 
timbers  shall  be  laid  at  least  eighteen  inches  apart  from 
each  other,  longitudinally,  on  either  side  of  any  wall,  and 
the  continuous  line  thereof  shall  be  broken  every  six  feet, 
by  inserting  a  brick  of  eight  inches  ;  and  no  front,  rear  or 
other  wall  of  any  such  dwelling,  store,  storehouse  or  other 
building,  now  erected  or  hereafter  to  be  erected  as  afore- 
said, within  the  fire  limits,  as  extended  as  aforesaid,  or  as 
they  may  hereafter  be  extended,  or  any  brick  or  stone 
building  or  buildings,  in  the  western  district  of  the  city  of 
Brooklyn,  shall  be  cut  off  or  altered  below  to  be  supported 
in  any  manner,  in  whole  or  in  part  by  wood,  but  shall  be 
wholly  supported  by  brick,  stone  or  iron ;  and  no  wood 
or  timber  shall  be  used  between  such  wall  and  such 
supporters  ;  but  it  shall  be  lawful  to  insert  a  lintel  of  wood 
over  the  doors  and  windows  of  the  first  story  of  stores, 


142 


provided  that  oak  or  Georgia  pine  is  used,  and  supported 
with  brick,  stone  or  iron,  and  of  such  size  as  may  be  dc 
termined  by  the  board  of  fire  wardens  of  the  western  dis- 
trict. 

Gutters.  §  11.  All  wooden  gutters  of  every  brick  or  stone  dwel- 

ling, store,  storehouse  or  other  building  hereafter  to  be 
erected  or  built,  within  the  city  of  Brooklyn,  shall  be  lined 
or  covered  on  the  upper  surface  thereof,  with  copper,  zinc, 
tin  or  iron,  or  other  fire  proof  material,  to  be  approved  of 
by  the  board  of  fire-wardens  of  the  western  district  of  the 
city  of  Brooklyn. 

Roofing.  §  12.  If  any  brick  front,  frame  dwelling-house  or  wood- 

en building,  already  erected  within  the  fire  district 
described  in  section  first  of  this  act,  shall  require  new  roof- 
ing, it  shall  and  may  be  lawful  for  the  owner  or  owners, 
or  proprietors  thereof,  to  put  on  a  new  roof,  boards  or 
shingles  ;  and  it  shall  be  lawful  for  the  proprietor  or  pro- 
prietors, or  owner  or  owners  thereof,  to  substitute  a  flat 
in  place  of  a  peaked  roof,  provided,  that  such  new  roofing- 
shall  be  made  of  copper,  slate,  tin,  iron,  zinc,  or  other  fire 
proof  material,  to  be  approved  by  the  fire  wardens  of  the 
western  district  of  the  city  of  Brooklyn,  and  be  equally 
capable  of  withstanding  the  influence  of  fire,  and  also,  pro- 
vided, that  such  building  when  new  roofed  shall  not  ex- 
ceed thirty -five  feet  in  height,  from  the  level  of  the  side- 
walk to  the  peak  or  highest  part  thereof. 

pteepies  and  §  13.  All  steeples,  cupolas  and  spires  of  churches,  or 
other  public  buildings,  may  be  covered  with  boards  or 
shingles,  and  churches  and  said  other  public  buildings, 
shall  be  excepted  from  the  operation  of  such  provisions  of 
this  act,  as  relate  to  iron  and  copper  shutters. 

Public  buildings.  §14.  Public  buildings  mentioned  in  the  preceding  see - 
tion,  are  hereby  defined  to  be  such  buildings  as  shall  b  e 
owned  and  occupied  for  public  purposes  by  this  state,  the 
United  States,  the  county  of  Kings,  the  corporation  of  the 
city  of  Brooklyn,  or  public  schools  within  said  city. 


143 


§  15.  All  privies  not  exceeding  ten  feet  square  aadprivies 
fifteen  feet  in  height,  and  all  ferry  houses  which  shall  be 
erected  with  the  express  permission  of  the  said  corporation, 
may  be  built  and  covered  with  wood,  boards,  and  shingles. 

§  16.  All  ash  holes  or  ash  houses  within  the  said  district  Ash-house 
of  the  city  of  Brooklyn,  shall  be  built  of  brick  or  stone, 
without  the  use  of  wood  in  any  part  thereof. 

§  17.  N o  wooden  or  frame  shed  shall  be  hereafter  erect-  wooden  si 
ed  within  the  fire  limits  as  described  in  section  one  of  this 
act,  or  as  the  same  may  hereafter  be  extended,  except 
within  the  district  bounded  by  the  East  river,  and  by  a 
line  commencing  at  the  East  river,  in  the  centre  of  Little 
Street,  and  running  thence  southerly  along  the  centre  of 
Little  street  to  the  centre  of  John  street ;  thence  westerly 
along  the  centre  of  John  street  to  the  centre  of  Bridge 
street ;  thence  southerly  along  the  centre  of  Bridge  street 
to  the  centre  of  Plymouth  street ;  thence  westerly  along 
the  centre  of  Plymouth  street  to  the  centre  of  Adams 
street ;  thence  southerly  along  the  centre  of  Adams  street 
to  the  centre  of  Water  street ;  thence  westerly  along  the 
centre  of  Water  street  to  Fulton  street ;  and  across  Fulton 
street  in  a  direct  line  to  the  centre  of  Furman  street ;  thence 
southerly  along  the  centre  of  Furman  street  to  the  centre  of 
Atlantic  street ;  thence  easterly  along  the  centre  of  Atlan- 
tic street  to  the  centre  of  Columbia  street ;  thence  souther- 
ly along  the  centre  of  Columbia  street  to  the  centre  of 
Harrison  street ;  thence  westerly  along  the  centre  of  Har- 
rison street  to  the  centre  of  Tan  Brunt  street;  thence 
southerly  along  the  centre  of  Van  Brunt  street  to  the  cen- 
tre of  Hamilton  avenue ;  and  thence  along  the  centre  of 
Hamilton  avenue  to  the  East  river.  Every  such  frame  or 
wooden  shed  erected  within  said  district,  shall  be  left  en- 
tirely and  constantly  open  upon  one  whole  side  thereof, 
and  shall  not  exceed  in  height  twenty  feet  from  the 
ground  to  the  peak  or  highest  point  thereof. 


144 


limit.' 


££?nefi?ei,d"  §  ia  Xo  wooden  or  frame  building  whatever,  whether 
the  same  may  have  a  brick  front  or  otherwise,  within  the 
district  described  in  section  one  of  this  act,  shall  be  raised, 
enlarged  or  built  upon ;  nor  shall  any  such  building  or 
buildings  be  removed  from  any  lot  out  of  the  fire  district, 
to  any  lot  within  said  district,  or  as  it  may  hereafter  be  ex- 
tended ;  provided,  however,  that  brick  front  frame  dwel- 
ling houses  and  wooden  buildings  only,  may  be  raised  un- 
der the  circumstances,  in  the  manner  especially  provided 
for  in  section  twelve  of  this  act. 


Rebuilding  of 

wooden 

buildings. 


Damages, 
estimated. 


§  19.  Every  wooden  or  frame  building  with  a  brick 
front  or  otherwise,  within  the  district  described  in  section 
one  of  this  law,  or  as  the  same  may  hereafter  be  extended, 
that  shall  be  damaged  by  fire  to  an  amount  not  greater 
than  two-thirds  of  the  value  of  said  building,  before  such 
fire,  may  be  repaired  or  rebuilt  pursuant  to  section  twelve 
of  this  act ;  but  if  such  damage  amounts  to  more  than  two- 
thirds  of  such  value,  then  such  building  shall  not  be  re- 
paired or  rebuilt,  but  shall  be  taken  down  or  removed. 

§  20.  The  amount  or  extent  of  such  damages  by  fire,  in 
case  of  a  disagreement  in  relation  thereto  between 
the  board  of  fire  wardens  and  the  owners  of  such 
damaged  building,  shall  be  determined  by  two  disinterest- 
ed persons  residing  in  the  city  of  Brooklyn,  one  of  whom 
shall  be  appointed  by  the  owners  or  owner  of  such  build- 
ing, or  his  or  their  lawful  agent,  and  by  the  board  of  fire 
wardens  ;  and  in  case  such  two  persons  disagree,  they  are 
to  select  a  third  disinterested  person,  and  the  decision  in 
writing  of  any  two  of  them,  shall  be  final  and  conclusive 
in  the  premises,  and  such  building  shall  not  be  repaired 
or  rebuilt  after  the  appointment  of  such  persons  as  afore- 
said, nor  until  after  their  decision  shall  be  made  in  writing 
as  aforesaid,  finding  that  such  damages  do  not  exceed 
two-thirds  of  the  value  of  such  building  as  it  existed  be- 


145 


fore  such  fire.  In  case  it  is  rebuilt,  it  shall  have  a  fire 
proof  roof,  and  not  exceed  thirty -five  feet  in  height  from 
the  level  of  the  sidewalk  to  the  peak  or  highest  point 
thereof. 

§  21.  ]STo  brick  or  stone  dwelling  house,  store,  storehouse  ^^g^- 
or  other  building  now  erected,  or  hereafter  to  be  erected 
within  the  western  district  of  the  city  of  Brooklyn,  shall 
be  altered,  raised,  roofed,  enlarged  or  built  upon  in  any 
such  manner  that  such  dwelling,  store,  storehouse,  or  other 
building,  were  it  wholly  built  or  constructed  after  the  pas- 
sage of  this  act,  would  be  in  violation  of  any  of  the  pro- 
visions of  this  act. 

§  22.  The  owner  or  owners  of  any  dwelling-house,  store,  Penalties- 
storehouse,  or  other  building,  or  of  any  ash  house,  ash 
hole,  or  wooden  shed,  whether  he  or  they  be  the  own- 
er or  owners  of  the  land  in  fee,  or  be  lessee  or  lessees 
thereof,  or  has  or  have  qualified  or  contingent  interest 
therein,  by  virtue  of  some  agreement  or  contract  in  writ- 
ing, or  in  any  other  manner,  who  shall  violate  any  of  the 
provisions  of  this  act,  and  every  master-builder,  carpenter, 
mason,  or  roofer,  who  may  be  employed  or  assist  thereon, 
shall,  for  every  violation,  respectively  forfeit  and  pay  the 
sum  of  five  hundred  dollars,  and  pay,  in  addition  thereto, 
the  sum  of  fifty  dollars,  for  every  twenty-four  hours  such 
violations  shall  remain  after  the  time  designated  in  the 
notice  given  in  writing  to  remove  the  same  shall  have  ex- 
pired. Such  notice  may  be  given  by  any  one  of  the  fire  war- 
dens ;  and  such  notice  may  be  given  by  serving  the  same 
personally,  or  on  the  agent  of  such  owner  or  owners,  mas- 
ter-builder or  builders,  or  master-mason,  carpenter  or 
roofer,  or  by  posting  the  same  in  some  conspicuous  place 
where  any  violation  exists ;  and  such  additional  penalty 
shall  be  computed  and  recovered  up  to  the  time  of  the 
trial  of  every  suit  for  the  recovery  thereof ;  and  in  case 


146 


such  violation  shall  continue  after  the  trial  of  such  suit, 
such  continuing  additional  penalty,  computing  from  the 
time  of  such  trial,  may  be  recovered  in  any  suit  or  suits  to 
be  brought  for  that  purpose. 

hiS&Ms.  §  23.  The  occupant  or  occupants  of  any  store,  store" 
house,  manufactory  or  other  building,  in  which  hatchways 
or  hoistways,  or  openings  of  any  kind,  except  the  usual 
stairway,  are  used  throughout  any  or  either  floor  thereof, 
or  in  case  the  said  store,  storehouse  or  manufactories,  are 
unoccupied,  and  not  leased,  the  owner  or  owners  thereof, 
and  in  case  they  are  leased,  the  lessee  or  lessees  thereof, 
shall  cause  the  said  hatch  or  hoistways,  or  other  openings, 
unless  said  other  openings  are  surrounded  by  a  substantial 
and  permanent  railing,  at  least  three  feet  in  height,  to  be 
securely  shut,  closed,  and  fastened,  at  the  close  of  each  and 
every  day.  For  any  neglect  of  or  violation  of  any  of  the 
provisions  of  this  section,  the  said  occupant  or  occupants, 
owner  or  owners,  lessee  or  lessees  thereof,  shall  forfeit  and 
pay  the  sum  of  fifty  dollars  for  each  and  every  hatch  or 
hoistway  so  left  open,  in  each  and  every  floor  or  loft  in 
any  building  under  their  control. 

Ponder.  §24.  All  gunpowder  which  shall  be  found  in  any  store, 

storehouse,  manufactory  or  other  building  whatever  in  the 
city  of  Brooklyn,  or  which  may  be  found  in  any  cart, 
wagon  or  other  vehicle,  or  on  board  any  ship,  brig,  or 
other  vessel,  which  shall  make  fast  to  or  anchor  within 
two  hundred  feet  of  any  pier,  wharf  or  bulkhead  in  the  said 
city  of  Brooklyn,  in  violation  of  any  of  the  provisions  of  this 
law,  shall  be  immediately  seized  by  the  fire-wardens  or  one  of 
them,  and  removed  to  some  secure  place ;  and  it  is  hercb}^ 
made  the  duty  of  the  chief  of  police,  and  every  captain 
and  assistant  captain  of  police,  and  of  any  policeman  or 
constable  to  assist  in  said  seizure  when  called  upon. 

Navy  yard.         §  25.  Nothing  in  this  act  contained  shall  in  any  way 
apply  to  any  gunpowder  which  may  be  stored  in  the  United 


147 


States  Navy  Yard,  or  which  may  be  on  board  of  any  vessel 
within  the  jurisdiction  of  the  United  States  Navy  Yard. 

§  26.  It  shall  not  be  lawful  for  any  person  to  have  kegs  Jjjjgjy  of 
of  gunpowder,  or  cause  to  be  kept  in  any  store,  storehouse, 
manufactory  or  other  building  within  the  city  of  Brook- 
lyn, any  quantity  of  gunpowder  exceeding  twenty -five 
pounds  in  weight,  under  the  penalty  of  the  forfeiture  of  the 
gunpowder,  and  an  additional  penaltyof  fifty  dollars  ;  and 
all  gunpowder  which  may  be  kept  in  any  building  with- 
in said  city,  shall  be  kept  in  tin  canisters,  and  said  canis- 
ters shall  at  all  times  be  kept  securely  closed. 

§  27.  No  person  shall  carry  or  cause  to  be  carried  any powderfnthe 
gunpowder,  through  any  street,  lane,  or  alley  in  the  city streets- 
of  Brooklyn,  in  any  cart,  wagon  or  other  mode  of  convey- 
ance, unless  the  same  be  secured  in  tight  casks,  kegs  or 
cases,  well  headed  and  hooped,  and  said  casks,  kegs  or 
cases  shall  be  put  into  and  entirely  covered  with  a  bag  or 
case  sufficient  to  prevent  any  of  said  gunpowder  from 
being  spilled  or  scattered,  under  penalty  of  forfeiture  of  the 
gunpowder,  and  a  fine  of  fifty  dollars  for  every  violation 
of  the  provisions  of  this  act. 

§  28.  It  shall  not  be  lawful  for  any  ship,  barque,  brig,  Powdei' in  shii>s- 
lighter  or  other  vessel,  containing  any  quantity  of  gun- 
powder over  and  above  twenty-five  pounds,  to  make  fast 
to  or  anchor  within  two  hundred  feet  of  any  pier,  wharf  or 
bulkhead,  within  the  city  of  Brooklyn,  under  the  penalty 
of  the  forfeiture  of  all  gunpowder  on  board,  and  an  ad- 
ditional penalty  of  fifty  dollars ;  provided,  further,  that  in 
case  of  an  explosion  caused  by  a  larger  quantity  of  gun- 
powder than  allowed  by  law,  to  be  kept  in  any  building 
or  vessel  whatever,  contrary  to  the  above  section  of  this 
act,  the  occupant  or  occupants  of  any  such  building  hav- 
ing the  same  in  their  possession,  and  the  owner  or  owners 
of  any  vessel  as  aforesaid,  shall  forfeit  and  pay  the  addi- 
tional sum  of  one  thousand  dollars. 


us 


inediixr*1  b<w  §  ^*  fines,  forfeitures,  or  penalties  incurred  under 
this  act,  may  be  sued  for  and  recovered  with  costs  of  suit 
in  any  court  of  record,  within  the  State  of  New  York,  by 
the  Fire  Department  of  the  city  of  Brooklyn,  in  their  own 
name  and  for  the  use  of  the  fund  of  the  said  Fire  Depart- 
ment. 

beftgrht en  t0  §  ^0.  A11  actions  for  any  fine,  forfeiture  or  penalty  in- 
curred under  this  act,  shall  be  commenced  within  six 
months  next  after  the  time  of  incurring  such  fine,  for- 
feiture or  penalty. 

RePeal  §  31.  All  laws  and  parts  of  laws  heretofore  passed,  in- 

consistent with  the  provisions  of  this  act  are  hereby  repeal- 
ed, but  such  repeal  shall  not  affect  any  suit  or  prosecutions 
commenced,  or  penalty  or  offence  incurred  or  committed 
previous  to  the  passage  of  this  act ;  but  every  such  suit, 
suits  or  prosecution  commenced  or  to  be  commenced,  may 
lawfully  proceed,  and  every  such  offence  or  penalty  be  de- 
manded, prosecuted,  recovered  or  punished,  as  the  case 
may  be,  as  if  the  said  laws  and  parts  of  laws  hereby  re- 
pealed, had  remained  in  full  force. 


Action  to  re- 
strain buildim 


§  82.  Whenever  the  board  of  fire  wardens  shall  officially 
report  to  the  board  of  trustees  of  the  fire  department  of 
said  city,  that  any  building  is  being  built  within  the  west- 
ern district  of  said  city,  in  such  manner  that  such  building- 
would  be  dangerous  and  insecure  in  case  the  same  should 
get  on  fire,  the  said  fire  department  in  their  corporate  ca- 
pacity, may  commence  an  action  in  any  court  of  record 
against  the  owners  or  builders  of  such  building,  or  both, 
perpetually  to  restrain  such  erection  of  such  building,  and 
for  that  purpose,  it  shall  be  the  duty  of  any  judge  of  the 
court  in  which  such  action  may  be  commenced,  and  of  any 
officer  authorized  by  law  to  perform  the  duties  of  such 
judge  at  chambers,  upon  satisfactory  proof  that  such  cer- 
tificate has  been  made  by  said  board  of  fire  wardens,  to 


149 


make  an  injunction  order  restraining  such  owners  or  build- 
ers,  or  both,  from  the  further  erection  of  such  building  un- 
til the  further  order  of  the  court  in  which  such  action  shall 
be  commenced,  and  the  court  by  its  judgment  may  grant 
the  relief  above  mentioned. 

§  83.  This  act  shall  take  effect  on  the  first  day  of  May, 
eighteen  hundred  and  fifty -five,  but  shall  not  affect  any  build- 
ing or  buildings  in  the  actual  course  of  erection,  or  contracted 
m  good  faith  to  be  erected  at  the  time  of  its  passage.  And 
the  common  council  of  the  said  city  of  Brooklyn  shall 
publish  this  act  twice  a  week  in  every  newspaper  employ- 
ed by  them,  from  the  time  of  the  passage  thereof  until  that 
day. 


AN  ACT 

TO  ESTABLISH  FIRE  LIMITS,  AND  FOR  THE  MORE  EFFECTUAL  Eastern  district 
PREVENTION  OF  FIRES  IN  THE  EASTERN  DISTRICT 
OF  THE  CITY  OF  BROOKLYN. 


PASSED  APRIL  17,  1857. 


The  People  of  the  State  of  New  York,  represented  in  Senate 
and  Assembly,  do  enact  as  follows  : 

Section  1.  The  fire  limits  of  the  eastern  district  of  the  Fir?  limj^f°f 

eastern  district. 

city  of  Brooklyn  shall  comprise  all  that  portion  of  said  city, 
commencing  at  a  point  where  the  northerly  line  of  Flush- 
ing avenue  intersects  the  southwesterly  boundary  line 
of  the  naval  hospital  grounds ;  thence  northerly  and  north- 
westerly along  the  southwesterly  boundary  of  said  hospital 


150 


grounds,  to  Wallabout  bay  ;  thence  northerly,  along  the 
easterly  shore  of  Wallabout  bay  and  the  East  river,  to  the 
centre  line  of  North  Fourth  street ;  thence  southeasterly, 
along  the  centre  line  of  North  Fourth  street,  to  the  centre 
line  of  North  Second  street ;  thence  easterly,  along  the 
centre  line  of  North  Second  street,  to  the  centre  line  of 
Union  avenue ;  thence  southerly,  along  the  centre  line  of 
Union  avenue,  to  the  centre  line  of  Hay  ward  street; 
thence  southwesterly,  along  the  centre  line  of  Hayward 
street,  to  the  centre  line  of  Bedford  avenue ;  thence  south- 
erly, along  the  centre  line  of  Bedford  avenue,  to  the  north- 
erly line  of  Flushing  avenue ;  thence  westerly  along  the 
northerly  line  of  Flushing  avenue,  to  the  point  or  place  of 
beginning.  The  common  council  may  extend  the  same  from 
time  to  time,  but  notice  of  the  intention  to  make  any  ap- 
plication to  the  common  council  for  any  such  extension, 
shall  be  published  in  the  corporation  papers,  for  at  least 
thirty  days  before  acting  on  the  same.  Within  the  said 
district,  no  store,  store  house,  dwelling  or  any  other  build- 
ing whatsoever,  shall  be  erected  or  built  of  any  other  ma- 
terial than  brick,  stone,  or  iron. 

partition  walls,      §*2.  Every  such  dwelling  house,  store,  store  house  or 

how  supported.         °  J  °  •  •     i       i    n  i 

other  building,  more  than  thirty  feet  in  width,  shall  be 
built  in  such  manner,  that  all  the  floors  and  roofs  thereof, 
throughout  their  whole  extent,  shall  be  supported  by  and 
rest  upon  one  or  more  partition  wall  or  walls  of  brick  or 
stone,  not  less  than  eight  inches  thick,  or  upon  girders  sus- 
tained by  proper  and  sufficient  posts,  pillars  or  columns  of 
iron,  brick  or  stone,  and  so  that  through  the  whole  extent 
of  such  floor  and  roof,  and  each  of  them,  the  walls  shall 
not  be  distant  from  each  other  or  from  such  intermediate 
support  or  supports  of  brick,  stone  or  iron,  more  than 
thirty  feet ;  but  such  intermediate  support  or  supports  in 
all  the  stories  above  the  first,  may  be  wooden  posts  or  pil- 
lars of  such  quality  and  dimensions  as  shall  be  approved 


151 


by  the  board  of  fire  wardens  of  the  eastern  district  of  said 
city ;  and  all  such  partition  walls  which  shall  exceed 
thirty-five  feet  in  height,  from  the  level  of  the  sidewalk  to 
the  peak  or  highest  point  thereof,  shall  not  be  less  than 
twelve  inches  thick ;  but  in  case  said  floors  or  any  of  them, 
throughout  their  whole  extent,  be  supported  upon  iron 
beams  or  girders  of  proper  size  and  strength,  resting  upon 
the  outer  walls  of  such  store,  store  house  or  other  building, 
and  distant  from  each  other  not  more  than  fifteen  feet,  then 
such  store,  store  house  or  building  may  be  so  erected  as 
that  in  the  story  or  stories  beneath  each  floor  so  supported, 
the  lateral  walls  thereof  may  be  distant  from  each  other, 
or  from  a  partition  wall  or  walls,  or  intermediate  supports 
as  aforesaid  a  distance  of  not  more  than  forty  feet. 

§  3.  All  walls,  whether  party  or  otherwise,  of  all  brick  ™c9kne"  of 
or  stone  buildings,  hereafter  erected  or  built  in  the  eastern 
district  of  the  city  of  Brooklyn,  shall  not  be  less  than 
twelve  inches  thick  from  the  foundation  or  starting  place, 
to  the  peak  or  highest  point  thereof ;  but  any  building, 
not  exceeding  twenty-two  feet  in  width,  nor  forty -five  feet 
in  depth,  may  be  built  above  the  foundation  or  cellar  wall, 
with  eight  inch  side  or  end  walls,  which  walls  shall  not  be 
over  thirty  feet  in  height  from  the  level  of  the  sidewalk  to 
the  peak  or  highest  point  thereof ;  but  such  building  shall 
not  be  used  as  a  storehouse  or  manufactory  of  any  kind  or 
description  whatsoever  ;  nor  for  the  purpose  of  storing  any 
kind  of  heavy  goods ;  and  the  side  or  end  wall  of  any 
such  building  may  be  built  thirty- eight  feet  high,  from  the 
level  of  the  sidewalk  to  the  peak  or  highest  point  thereof, 
if  the  walls  of  the  first  story  above  the  level  of  the  side- 
walk shall  be  built  of  a  thickness  at  least  twelve  inches 
from  the  commencement  of  the  foundation  to  the  extreme 
height  of  the  story  above  the  level  of  the  sidewalk ;  but 
such  building  shall  not  be  used  for  the  purpose  of  a  manu- 
factory of  any  description  whatsoever,  or  for  a  store- 


152 


house,  or  for  the  purpose  of  storing  any  kind  of  heavy 
goods. 

chimneys.  §  4.  All  discharging  or  arch  pieces  used  in  the  chimneys 

of  any  dwelling,  store,  storehouse  or  other  building,  here- 
after erected  or  built  in  the  city  of  Brooklyn,  shall  recede 
from  any  place  in  any  such  chimney  at  least  five  inches  ; 
and  no  such  chimney  shall  be  started  and  built  upon  the 
floor  or  beams  of  such  dwelling,  storehouse  or  other  build- 
ing, but  shall  be  started  at  the  foundation  ;  and  all  such 
chimneys  and  flues  shall  be  plastered  in  the  inner  surface 
thereof.  All  hearths  shall  be  supported  by  arches  of 
brick  or  stone;  and  no  chimney  in  any  building  now 
erected,  or  hereafter  to  be  erected  within  the  city  of  Brook- 
lyn, shall  be  cut  off,  to  be  supported  in  any  manner  what- 
ever ;  provided  that  such  chimney  must  be  supported  by 
an  additional  wall  of  four  inches,  built  on  the  inner  side  of 
said  wall ;  but  the  chimney  of  any  building  erected  with 
eight  inch  walls  may  be  started  above  the  foundation  of 
such  building,  provided  the  same  are  started  from,  and 
wholly  rest  upon  a  base  formed  by  racking  out  such  eight 
inch  wall  with  brick  or  stone,  to  an  additional  width  of 
four  inches. 

cutters  and         a  54  All  wooden  or  timber  gutters  or  cornices  of  any 

cornices.  °  °  J 

dwelling,  store,  store  house  or  other  building,  hereafter 
built  or  erected  within  the  eastern  district  of  said  city, 
shall  be  firmly  secured  by  irons,  which  shall  not  be  more 
than  seven  and  a  half  feet  apart  from  each  other ;  and  on 
all  such  gutters  not  exceeding  twelve  inches  in  width,  the 
said  irons  shall  be  at  least  two  inches  in  width,  and  one- 
half  of  an  inch  thick,  and  on  all  such  gutters  exceeding 
twelve  inches  in  width,  five-eighths  of  an  inch  thick  ;  and 
the  said  irons,  except  those  at  the  end  of  the  cornice  or 
gutter,  shall  be  fastened  or  secured  to  the  floor  or  roof 
beam,  and  the  end  iron  shall  be  fastened  in  the  side  or 
end  walls;  provided,  however,  it  may  be  lawful  to  erect 


153 


bracketed  gutters,  built  in  the  wall,  and  well  secured  to 
wall  strips  built  in  the  walls  at  least  every  two  feet. 

§  6.  All  plate  irons  shall  be  built  into  the  side  end  of  Plate  irons, 
party  walls,  and  the  iron  anchors  used  to  secure  the  plate 
pieces,  shall  be  at  least  two  inches  wide  and  one-half  of  an 
inch  thick ;  the  anchors  at  the  end  of  every  plate  piece 
shall  be  worked  or  built  into  the  side,  end  or  party  walls 
of  the  building,  and  the  said  anchors  shall  turn  down  at 
least  four  inches.  No  stone  or  iron  cornice  or  cornices  shall 
project  more  than  the  thickness  of  the  wall  on  which  it 
rests ;  and  the  stones  shall  run  through  said  wall,  or  in 
any  case,  the  greatest  weight  of  stone  or  iron,  or  other 
material,  shall  be  on  the  inside  of  said  line  of  said  wall  or 
walls.  All  the  mortar  shall  be  made  with  clear  sand,  and 
made  with  lime  or  cement  in  proper  proportions ;  and  in 
no  case  shall  any  loam  or  earthy  matter  be  put  in  any 
mortar  to  be  used  in  the  erection  of  the  brick  or  stone 
walls  of  any  building  or  buildings. 

§  7.  All  scuttle  frames  and  scuttle  doors  on  every  brick  or  Scuttles, 
stone  dwelling,  storehouse  or  other  building,  hereafter  to 
be  erected  or  built  within  the  fire  limits  aforesaid,  shall  be 
made  of  or  covered  with  copper,  tin,  zinc  or  iron,  and 
every  window  and  entrance  above  the  first  story  in  the 
rear  of  every  storehouse  over  thirty  feet  in  height  to  the 
peak  or  highest  part  thereof  from  the  level  of  the  side- 
walk, shall  have  shutters  and  doors  thereon  made  cf  cop- 
per or  iron,  or  so  covered  with  copper,  tin  or  other  fire 
proof  material,  to  be  approved  of  by  the  board  cf  fire 
wardens  of  the  eastern  district  of  the  city  of  Brooklyn. 
Every  store,  storehouse  or  other  building  hereafter  erected 
or  built  as  aforesaid,  shall  have  a  scuttle  or  place  of  egress 
in  the  roof  thereof. 

§  8.  The  planking  or  sheathing  of  the  roof  of  every  Planking  or 

i-i  i      iv  ,  ,        sheathing  of 

brick  or  stone  dwelling,  store,  storehouse  or  other  building  roofs. 
11 


154 


so  erected  or  built  as  aforesaid,  shall  in  no  case  be  extend- 
ed across  the  party,  side  or  end  walls  thereof,  and  every 
such  dwelling,  store,  storehouse  or  other  building,  and  the 
top  and  sides  of  dormer  windows  thereon,  shall  be  roofed 
and  covered  with  slate,  iron,  copper,  tin,  zinc  or  other  fire 
proof  materials,  except  pebble  or  pitch  roof,  to  be  approved 
of  by  the  board  of  fire  wardens  of  the  eastern  district  of 
the  city  of  Brooklyn,  and  shall  be  equally  capable  of  with- 
standing the  influence  of  fire. 

Beams  of  party  §  9.  All  beams  and  other  timbers  in  the  party  or  other 
walls  of  every  dwelling,  store,  storehouse  or  other  building 
hereafter  built  or  erected  of  brick  or  stone  in  said  city, 
shall  be  separated  from  the  beams  or  timbers  entering  into 
the  opposite  side  of  such  wall  by  the  distance  of  at  least 
four  inches  between  the  nearest  points  of  such  beams  or 
timbers,  except  that  in  eight-inch  walls  the  butts  or  ends 
of  the  beams  shall  be  cut  on  a  splay  of  two  and  one-half 
inches  in  their  width.  All  plate  pieces  in  the  front  or  rear 
walls  thereof  shall  recede  from  the  outside  of  such  walls 
at  least  six  inches  above  the  planking  or  roofing,  and  shall 
be  covered  with  a  coping  of  stone  or  iron. 

Bond  timbers       §  iQ.  No  timber  shall  be  used  in  the  front  or  rear  walls 

•\r.d  lintels.  <-  , 

of  any  dwelling,  store  or  storehouse,  or  other  building- 
hereafter  built  or  erected  within  the  eastern  district 
of  said  city,  where  stone,  brick  or  iron  is  commonly  used ; 
each  lintel  on  the  inside  of  the  front  or  rear  walls,  or  side 
walls,  shall  have  a  secure  brick  arch  over  it,  and  no  wall 
strips  in  any  wall  thereof  shall  exceed  in  thickness  a  half 
of  an  inch,  and  in  width  two  and  a  half  inches,  and  no 
bond  timber  shall  be  more  than  six  feet  in  length ;  and 
such  bond  timber  shall  be  laid  at  least  eighteen  inches 
apart  from  each  other,  longitudinally  on  either  side  of  any 
wall,  and  the  continuous  line  thereof  shall  be  broken  every 
six  feet  by  inserting  a  brick  of  eight  inches  ;  and  no  front, 


155 


rear  or  other  wall  of  any  such  dwelling,  store,  storehouse 
or  other  building  now  erected,  or  hereafter  to  be  erected  as 
aforesaid,  within  the  fire  limits,  as  extended  as  aforesaid, 
or  any  brick  or  stone  building  or  buildings  in  the  eastern 
district  of  the  city  of  Brooklyn,  shall  be  cut  off  or  altered 
below,  to  be  supported  in  any  manner,  in  whole  or  in  part 
by  wood,  but  shall  be  wholly  supported  by  brick,  stone  or 
iron,  and  no  wood  or  timber  shall  be  used  between  such 
wall  and  such  supporters ;  but  it  shall  be  lawful  to  insert  a 
lintel  of  wood  over  the  doors  and  windows  of  the  first 
story  of  stores,  provided  that  oak  or  Georgia  pine  is  used, 
and  supported  with  brick,  stone  or  iron,  and  of  such  size  as 
may  be  determined  by  the  board  of  fire  wardens  of  the 
eastern  district. 

§  11.  All  wooden  gutters  of  every  brick  or  stone  dwell-  wooden  gutters 
ing,  store,  storehouse  or  other  building  hereafter  to  be 
erected  or  built  within  the  city  of  Brooklyn,  shall  be  lined 
or  covered  on  the  upper  surface  thereof  with  copper, 
zinc,  tin  or  iron,  or  other  fire  proof  material,  to  be  ap- 
proved of  by  the  board  of  fire  wardens  of  the  eastern  dis- 
trict of  the  city  of  Brooklyn. 

§  12.   If  anv  brick  front  frame  dwelling  house  or  Kooang  of  old 

.,  , .  ,  .  .  buildings. 

wooden  building,  already  erected  within  the  fire  district 
described  in  section  one  of  this  act,  shall  require  new 
roofing,  it  shall  and  may  be  lawful  for  the  owner  or 
owners,  or  proprietors  thereof,  to  put  on  a  new  roof, 
boards  or  shingles ;  and  it  shall  be  lawful  for  the  proprie- 
tor or  proprietors,  owner  or  owners  thereof,  to  substitute 
a  flat  in  place  of  a  peaked  roof,  provided  that  such  new 
roofing  shall  be  made  of  copper,  slate,  tin,  iron,  zinc  or 
other  fire  proof  material,  to  be  approved  by  the  board  of 
fire  wardens  of  the  eastern  district  of  the  city  of  Brook- 
lyn, and  be  equally  capable  of  withstanding  the  influence 
of  fire ;  and  also  provided  that  such  building,  when  new 


156 


Steeples. 


Public  buildings, 


Privies. 


Ash-boles. 


Wooden  sheds. 


roofed,  shall  not  exceed  thirty-five  feet  in  height  from  the 
level  of  the  side  walk  to  the  peak  or  highest  point  thereof, 
pebble  or  pitch  roof  excepted. 

§  13.  All  steeples,  cupolas  or  spires  of  churches,  or 
other  buildings,  may  be  covered  with  boards  or  shingles, 
and  churches  and  said  other  buildings  shall  be  excepted 
from  the  operation  of  such  provisions  of  the  act  as  relate 
to  iron  and  copper  shutters. 

§  14.  Public  buildings  mentioned  in  the  preceding  sec- 
tion are  hereby  defined  to  be  such  buildings  as  shall  be 
owned  and  occupied  for  public  purposes  by  this  state,  the 
United  States,  the  county  of  Kings,  the  corporation  of  the 
city  of  Brooklyn,  or  public  schools  within  said  city. 

§  15.  All  privies  not  exceeding  ten  feet  square  and 
fifteen  feet  in  height,  and  all  ferry  houses  which,  shall  be 
erected,  with  the  express  permission  of  the  said  corporation, 
may  be  built  and  covered  with  wood,  boards  and  shingles. 

§  16.  All  ash  holes  or  ash  houses  within  the  said  district 
of  the  city  of  Brooklyn,  shall  be  built  of  brick  or  stone, 
without  the  use  of  wood  in  any  part  thereof. 

§  17.  No  wooden  or  frame  shed  shall  hereafter  be  erect- 
ed within  the  fire  limits,  as  described  in  section  one  of  this 
act,  or  as  the  same  may  hereafter  be  extended,  except 
within  the  district  bounded  as  follows :  Beginning  at  a 
point  where  the  centre  line  of  North  Fourth  street  inter- 
sects the  East  river,  running  thence  south-easterly  along 
the  centre  line  of  North  Fourth  street  to  the  centre  line  of 
First  street,  thence  south-westerly  along  the  centre  line  of 
First  street  and  Kent  avenue  to  the  centre  line  of  Flushing 
avenue,  thence  south-westerly  along  the  centre  line  of 
Flushing  avenue  to  the  United  States  naval  hospital 
grounds,  thence  northerly  along  the  said  grounds  to  Wall- 
about  bay,  and  thence  northerly  along  said  Wallabout  bay 
to  the  place  of  beginning.    Every  such  frame  or  wooden 


157 


shed  erected  within  said  district  shall  be  left  entirely  and 
constantly  open  upon  one  whole  side  thereof,  and  shall 
not  exceed  in  height  twenty  feet  from  the  ground  to  the 
peak  or  highest  point  thereof. 

§  18.  No  wooden  or  frame  building  whatever,  whether  JJfSSfflS; 
the  same  may  have  a  brick  front  or  otherwise,  within  thelimlts' 
district  described  in  section  one  of  this  act,  shall  be  raised, 
enlarged  or  built  upon,  nor  shall  any  such  building  or 
buildings  be  removed  from  any  lot  out  of  the  fire  district, 
or  as  it  may  hereafter  be  extended,  provided,  however, 
that  brick  front  frame  dwelling  houses  and  wooden  build- 
ings only  may  be  raised  under  the  circumstances,  and  in 
the  manner  especially  provided  for  in  section  twelve  of 
this  act,  or  left  to  the  control  of  the  fire  wardens. 

§  19.  Every  wooden  or  frame  building  with  a  brick  ^enbSw- 
front  or  otherwise,  within  the  district  described  in  section  ings- 
one  of  this  act,  or  as  the  same  may  hereafter  be  extended, 
that  shall  be  damaged  by  fire  to  any  amount  not  greater 
than  two-thirds  of  the  value  of  said  building  before  such 
fire,  may  be  repaired  or  rebuilt  pursuant  to  section  twelve 
of  this  act,  but  if  such  damage  amounts  to  more  than  two- 
thirds  of  such  value,  then  such  building  shall  not  be  re- 
paired or  rebuilt,  but  shall  be  taken  down  or  improved. 

§  20.  The  amount  or  extent  of  such  damage  by  fire,  in  Damages,  how 

J  m  °       J         1  estimated. 

case  of  disagreement  in  relation  thereto  between  the  board 
of  fire  wardens  and  the  owners  of  such  damaged  building, 
shall  be  determined  by  two  disinterested  persons  residing 
in  the  eastern  district  of  the  city  of  Brooklyn,  one  of  whom 
shall  be  appointed  by  the  owner  or  owners  of  such  build- 
ing, or  his  or  their  lawful  agent,  and  the  other  by  the 
board  of  fire  wardens  ;  and  in  case  such  two  persons  dis- 
agree, they  are  to  select  a  third  disinterested  person,  and 
the  decision  in  writing  of  any  two  of  them  shall  be  final 
and  conclusive  in  the  premises  ;  and  such  building  shall 


158 


not  be  repaired  or  rebuilt  after  the  appointment  of  such  per- 
sons as  aforesaid,  nor  until  after  their  decision  shall  be  made 
in  writing  as  aforesaid,  finding  that  such  damages  do  not  ex- 
ceed two-thirds  of  the  value  of  *5ich  building  as  it  existed  be- 
fore such  fire.  In  case  it  is  rebuilt,  it  shall  have  a  fire  proof 
roof,  and  not  exceed  thirty -five  feet  in  height  from  the  level 
of  the  sidewalk  to  the  peak  or  highest  point  thereof. 

b\iudinlsbrick  §  21.  No  brick  or  stone  dwelling  house,  store  or  store- 
house, or  other  building,  now  erected  or  hereafter  to  be 
erected  within  the  eastern  district  of  the  city  of  Brooklyn, 
shall  be  altered,  raised,  roofed,  enlarged  or  built  upon,  in 
any  such  manner  that  such  dwelling,  store  or  storehouse,  or 
other  building,  wrere  it  wholly  built  or  constructed  after 
the  passage  of  this  act,  would  be  in  violation  of  any  of  the 
provisions  of  this  act. 

Penalties.  g  22.  The  owner  or  owners  of  any  dwelling  house,  store, 

storehouse  or  other  building,  or  of  any  ash  house,  ash  hole 
or  wood  shed,  whether  he  or  they  be  the  owner  or  owners 
of  the  land  in  fee,  or  lessee  or  lessees  thereof,  or  has  or 
have  qualified  or  contingent  interest  therein,  by  virtue  of 
some  agreement  or  contract  in  writing,  or  in  any  other 
manner,  who  shall  violate  any  of  the  provisions  of  this  act, 
and  every  contracting  party  or  parties  having  charge  of  the 
same,  shall  for  every  violation,  respectively,  forfeit  and 
pay  the  sum  of  two  hundred  and  fifty  dollars,  and  pay  in 
addition  thereto  the  sum  of  fifty  dollars  for  every  twenty- 
four  hours  such  violation  shall  remain  after  the  time  desig- 
nated in  the  notice  given  in  writing  shall  have  expired ; 
such  notice  may  be  given  by  any  one  of  the  fire  wardens, 
and  such  notice  may  be  given  by  serving  the  same  person- 
ally, or  on  the  agent  of  such  owner  or  owners,  contractor, 
contracting  parties,  or  by  posting  the  same  in  some  con- 
spicuous jilace  where  any  violation  exists ;  and  such  ad- 
ditional penalty  shall  be  computed  and  recovered  up  to  the 
time  of  the  trial  of  every  suit  for  the  recovery  thereof ;  and 


159 


in  case  such  violation  shall  continue  after  the  trial  of  such 
suit,  such  continuing  additional  penalty,  computing  from 
the  time  of  such  trial,  may  be  recovered  in  any  suit  or 
suits  to  be  brought  for  that  purpose. 

§  23.  The  occupant  or  occupants  of  any  store,  storehouse,  Schways 
manufactory  or  other  building,  in  which  hatchways  or  hoist- 
ways,  or  openings  of  any  kinds,  except  the  usual  stairway, 
are  used  throughout  or  in  either  floor  thereof ;  and  in  case 
they  are  leased,  the  lessee  or  lessees  thereof  shall  cause  the 
said  hatch  or  hoistways,  or  other  openings,  unless  said 
other  openings  are  surrounded  by  a  substantial  and  per- 
manent railing,  at  least  three  feet  in  height  ;  to  be  secure- 
ly shut,  closed  and  fastened,  at  the  close  of  each  and  every 
day  ;  for  any  neglect  of  or  violation  of  any  of  the  provis- 
ions of  this  section,  the  said  occupant  or  occupants,  owner 
or  owners,  lessee  or  lessees  thereof,  shall  forfeit  and  pa}^ 
the  sum  of  fifty  dollars  for  each  and  every  hatch  or  hoist- 
way  so  left  open  in  each  and  every  floor  or  loft  in  any 
building  under  their  control. 

§  24.  All  gunpowder  which  shall  be  found  in  any  store,  Gunpowder, 
storehouse,  manufactory  or  other  building  whatever,  in  the 
eastern  district  of  the  city  of  Brooklyn,  or  which  may  be 
found  in  any  cart,  wagon,  or  other  vehicle,  or  on  board 
any  ship,  brig,  or  other  vessel,  which  shall  make  fast  to, 
or  anchor  within  two  hundred  feet  of  any  pier,  wharf  or 
bulkhead  in  the  eastern  district  of  the  city  of  Brooklyn,  in 
violation  of  any  of  the  provisions  of  this  law,  shall  be  im- 
mediately seized  by  the  fire  wardens,  or  one  of  them,  and 
removed  to  some  secure  place  ;  and  is  hereby  made  the 
duty  of  the  chief  of  police,  and  every  captain  and  assistant 
captain  of  police,  and  of  any  policeman  or  constable,  to  as. 
sist  in  said  seizure  when  called  upon,  (United  States  vessels 
excepted.) 

§25.  Nothing  in  this  act  contained  shall  in  any  way  Navy  yard. 


160 


apply  to  any  gunpowder  which  may  be  stored  in  the 
United  States  navy  yard,  or  which  may  be  on  board  of 
any  vessel  within  the  jurisdiction  of  the  United  States 
navy  yard. 

powdenrSifin'  §  11  sna^  not  ^e  lawful  f°r  any  person  to  have  kegs 
buildings.  0f  gunpowder,  or  cause  to  be  kept  in  any  store,  storehouse, 
manufactory  or  other  building  within  the  city  of  Brooklyn, 
any  quantity  of  gunpowder,  exceeding  twenty-five  pounds 
in  weight,  under  the  penalty  of  the  forfeiture  of  the  gun- 
powder, and  an  additional  penalty  of  fifty  dollars  ;  and  all 
gunpowder  which  may  be  kept  in  any  building  within 
said  city,  shall  be  kept  in  one  pound  tin  canisters ;  and 
said  canisters  shall  at  all  times  be  kept  securely  closed,  and 
separate  and  aj)art  from  each  other. 

powde?ginUn"  §  2 7.  No  person  shall  carry,  or  cause  to  be  carried,  any 
the  streets.  gunpowder  through  any  street,  lane  or  alley  in  the  city  of 
Brooklyn  in  any  cart,  wagon  or  other  mode  of  conveyance, 
unless  the  same  be  secured  in  tight  casks,  kegs  or  cases, 
well  headed  and  hooped,  and  said  casks,  kegs  or  cases  shall 
be  put  into,  and  entirely  covered  with  a  bag  or  case,  suffi- 
cient to  prevent  any  of  said  gunpowder  from  being  spilled 
or  scattered,  under  the  penalty  of  forfeiture  of  the  gun- 
powder, and  a  fine  of  fifty  dollars  for  every  violation  of 
the  provisions  of  this  act. 

?™eisWder  iu  §  ^8.  It  shall  not  be  lawful  for  any  ship,  barque,  brig, 
lighter  or  other  vessel,  containing  any  quantity  of  gun- 
powder over  and  above  twenty -five  pounds,  to  make  fast 
to  or  anchor  within  two  hundred  feet  of  any  pier,  wharf 
or  bulkhead  within  the  city  of  Brooklyn,  under  the  penalty 
of  forfeiture  of  all  gunpowder  on  board,  and  an  additional 
penalty  of  fifty  dollars ;  pro  vided,  further,  that  in  case  of  any 
explosion  caused  by  a  larger  quantity  of  gunpowder  than 
allowed  by  law  to  be  kept  in  any  building  or  vessel  what- 
ever, contrary  to  the  above  section  of  this  act,  the  occupan^ 


161 


or  occupants  of  any  such  building,  having  the  same  in  their 
possession,  and  the  owner  or  owners  of  any  vessel,  as 
aforesaid,  shall  forfeit  and  pay  the  additional  sum  of  one 
thousand  dollars. 

§29.  All  fines,  forfeitures  or  penalties  incurred  under  JS*^1"* 
this  act  may  be  sued  for  and  recovered  with  cost  of  suit 
in  any  court  of  record  within  the  state  of  Xew  York  by 
the  fire  department  of  the  eastern  district  of  the  city  of 
Brooklyn  in  their  own  name,  and  for  the  use  of  the  fund 
of  the  said  fire  department. 

§  30.  All  actions  for  any  fine,  forfeiture  or  penalty  in-  ^ommencedln 
curred  under  this  act,  shall  be  commenced  within  six SIX  monthf5, 
months  next  after  the  time  of  incurring  such  fine,  for- 
feiture or  penalty. 

§  31.  All  laws  and  parts  of  laws  heretofore  passed,  in-  RepeaL 
consistent  with  the  provisions  of  this  act  are  hereby  repeal- 
ed, but  such  repeal  shall  not  affect  any  suit  or  prosecution 
commenced,  or  penalty  or  offence  incurred  or  committed 
previous  to  the  passage  of  this  act,  but  every  such  suit, 
suits  or  prosecutions,  commenced  or  to  be  commenced, 
may  lawfully  proceed,  and  every  such  offence  or  penalty 
be  demanded,  prosecuted,  recovered  or  punished,  as  the 
case  may  be,  as  if  the  said  laws  and  parts  of  laws  hereby 
repealed  had  remained  in  full  force. 

§  32.  Whenever  the  board  of  fire  wardens  shall  official-  ^ne^tiotSeto 
ly  report  to  the  board  of  trustees  of  the  fire  department  of  J^jJ^1011  of 
said  eastern  district  of  the  city  of  Brooklyn,  that  any 
building  is  being  built  within  the  eastern  district  of  said 
city,  in  such  manner  that  such  building  would  be  danger- 
ous and  insecure  in  case  the  same  should  get  on  fire,  the 
said  fire  department,  in  their  corporate  capacity,  may  com- 
mence an  action  in  any  court  of  record  against  the  owner 
or  builder  of  such  building,  or  both,  perpetually  to  restrain 
such  erection  of  such  building,  and  for  that  purpose  it  shall 


1G2 


be  the  duty  of  any  judge  of  the  court  in  which  such  action 
may  be  commenced,  and  of  any  officer  authorized  by  law 
to  perform  the  duties  of  such  judge  at  chambers,  upon  sat- 
isfactory proof  that  such  certificate  has  been  made  by  said 
board  of  lire  wardens,  to  make  an  injunction  order  restrain- 
ing such  owners  or  builders,  or  both,  from  the  further 
erection  of  such  building  until  the  further  order  of  the 
court  in  which  said  action  shall  be  commenced,  and  the 
court  by  its  judgment  may  grant  the  relief  above  men- 
tioned. 

§  33.  This  act  shall  take  effect  immediately. 


W  A  TEE. 


AX  ACT 

TO  PROVIDE  FOR  THE   SUPPLY  OF  THE    CITY  OF  BROOK- 
LYN WITH  WATER. 

PASSED  11th  FEBRUARY,  1S5T. 


The  People  of  the  State  of  New  York,  representdd  in  Sen- 
ate and  Assembly,  do  enact  as  follows  : 

Section  1.  The  holders  of  the  stock  issued  by  "  The  The  rights  of  the 

Nassau  water 

Nassau  Water  Company,"  other  than  the  city  of  Brooklyn^  fe™$tZ£™s~ 
may  file  in  the  office  of  the  clerk  of  the  city  of  Brooklyn,  city  of  Brooklyn, 
a  written  consent  that  the  city  of  Brooklyn  may  purchase 
their  said  stock  at  the  par  value  thereof,  with  seven  per 
cent,  interest  from  the  date  of  such  issue  ;  and  the  city  of 
Brooklyn  shall  thereupon  pay  to  the  said  stockholders,  or 
their  assigns,  such  par  value  with  the  interest  as  afore- 
said ;  whereupon  all  the  contracts,  property  and  rights  of 
the  said  company,  of  every  nature  and  description  what- 
soever, shall  vest  absolutely  in  the  city  of  Brooklyn,  and 
the  city  of  Brooklyn  shall  assume  and  be  charged  with 
all  the  outstanding  contracts,  debts  and  liabilities  of  the 
said  company. 

§2.  There  shall  be  a  board  of  water  commissioners,  Board  of  water 
consisting  of  seven  members,  to  supervise  the  construction 
of  the  works  for  supplying  the  city  of  Brooklyn  with 
water,  and  to  complete  the  same,  under  and  according  to 
a  contract  for  that  purpose  entered  into  between  "  The 
Nassau  Water  company  "  of  the  one  part,  and  Henry  S. 


164 


Welles,  and  Charles  F.  Welles,  jr.,  doing  business  under  the 
firm  name  of  "  Henry  S.  Welles  &  Co.,"  of  the  other  part, 
bearing  date  the  tenth  day  of  June,  eighteen  hundred  and 
fifty-six;  and  the  said  commissioners  arc  hereby  vested 
with  all  the  powers,  and  are  authorized  to  perform  all  the 
duties  requisite  or  necessary  in  and  about  the  construction 
and  completion  of  the  said  water  works  as  aforesaid,  and 
which  they  might  exercise  and  perform  for  such  purpose, 
if  they  constituted  the  board  of  directors  of  the  said  com- 
pany, and  no  transfer  of  the  rights  of  the  said  company 
had  been  made  to  the  city  of  Brooklyn.  No  alteration  in- 
creasing the  cost  of  the  said  works  under  the  said  contract, 
shall  be  made  by  the  said  commissioners,  without  the 
assent  of  the  common  council  of  the  said  city. 

§  3.  The  present  directors  of  the  said  company,  namely : 
John  EL  Prentice,  William  Wall,  Daniel  Van  Yoorhis, 
James  Carson  Brevoort,  Nicholas  Wyekoff,  Thomas  Sul- 
livan, and  Nathaniel  Briggs,  are  hereby  constituted  and 
appointed  said  water  commissioners.  They  shall  enter 
upon  their  duties  as  commissioners,  when  the  city  of 
Brooklyn  shall  become  vested  with  the  contracts,  prop- 
erty, and  rights  of  said  company,  as  aforesaid,  and  shall 
hold  office  until  the  said  water  works  are  completed  as 
contemplated  by  the  said  contract,  but  they  shall  receive 
no  compensation  for  their  services.  In  case  any  vacancy 
shall  happen  by  reason  of  the  death  or  resignation  of  any 
commissioner,  the  board  of  commissioners  shall  nominate 
some  person  to  fill  such  vacancy,  to  be  approved  by  the 
mayor  of  said  city ;  and  in  case  a  disapproval  by  said 
mayor,  they  shall  continue  to  nominate  until  his  approval 
is  obtained.  Each  commissioner  shall  execute  a  bond  to 
the  city  of  Brooklyn,  with  two  sureties,  to  be  approved  by 
a  justice  of  the  supreme  court  in  the  first  or  second  district) 
in  the  penal  sum  of  twenty  thousand  dollars,  conditioned 
that  he  shall  faithfully  perform  his  duties,  and  account  for 
all  moneys  which  shall  come  into  his  hands,  as  such  com- 


1G5 


missioner.    Such  bond  shall  be  "filed  in  the  office  of  the 
said  city  clerk. 

§  4.  The  board  of  commissioners  shall  elect  one  of  its  officers  thereof, 
members  president,  and  another  secretary  ;  and  may  make 
snch  by-laws,  rules,  and  regulations  for  the  transaction  of 
its  business,  and  for  the  government  of  its  officers,  agents, 
and  employees  as  shall  be  convenient,  and  not  contrary  to 
law.  A  majority  of  the  commissioners  shall  constitute  a 
quorum  for  the  transaction  of  business. 

§  5.  The  proceedings  to  acquire  land  and  water  and  J*0* t0  squire 
interest  therein,  and  to  extinguish  claims  for  damages, 
which  are  authorized  by  the  act  incorporating  the  said 
company,  may  be  taken  in  like  manner  hy  the  said  com- 
missioners, but  in  the  name  and  on  behalf  of  the  city  of 
Brooklyn. 

§  6.  All  legal  proceedings  under  the  act  incorporating  Pending  legal 
the  said  company,  which  shall  be  pending  when  the  con- proceedmgs- 
tract,  property,  and  rights  of  the  said  company  shall  be 
vested  in  the  city  of  Brooklyn,  as  herein  provided,  may, 
at  the  option  of  the  commissioners,  be  continued  in  the 
name  of  the  said  company,  or  be  prosecuted  by  them  to 
completion  in  the  name  of  the  city  of  Brooklyn. 

§  7.  The  said  commissioners  may  draw  upon  the  comp-  Commissioners 
troller  of  the  city  of  Brooklyn,  for  any  sum  in  favor  of,  comptroller11 
and  to  be  paid  to  the  owner  of  any  lands,  streams,  or  prop- 
erty acquired  or  affected  by  virtue  of  this  act,  and  in  favor 
of,  and  to  be  paid  to  any  contractor  for  any  sum  due  on 
his  contract,  and  also  to  be  paid  for  any  charges  and  ex- 
penses incurred  by  them  in  the  performance  of  their  du- 
ties. Such  drafts  shall  specify  the  objects  for  which  they 
are  drawn,  and  shall  be  paid  by  the  said  comptroller  on 
their  presentation. 

§  8.  The  action  of  the  common  council  of  the  city  of  prior  bonds 
Brooklyn,  adopted  on  the  fourth  day  of  June,  eighteen 


IOC 


hundred  and  fifty-six,  and  approved  by  the  mayor  thereof, 
on  the  ninth  day  of  June,  eighteen  hundred  and  fifty -six, 
in  relation  to  the  manner  of  supplying  the  said  city  with 
water,  and  authorizing  the  subscription  by  the  city  of 
Brooklyn,  of  the  sum  of  thirteen  hundred  thousand  dollars 
to  the  stock  of  the  said  company  for  that  purpose,  and  the 
subscription  to  said  stock  by  the  mayor  of  said  city ;  and 
the  issuing  of  city  bonds  in  payment  thereof,  in  conformity 
with  such  action,  are  hereby  ratified  and  confirmed,  and 
the  bonds  issued  in  payment  of  such  subscription  are  here- 
by declared  to  be  binding  upon  the  city  of  Brooklyn,  and 
the  said  city  shall  issue  new  bonds  in  place  of  any  bonds 
issued  on  account  of  such  subscription  in  the  form  provi- 
ded in  the  next  section  of  this  act,  upon  the  surrender  by 
the  holders  thereof  of  the  bonds  issued  on  account  of  such 
subscription. 

Additional  8  9.  The  bonds  of  the  said  city,  for  the  additional 

bonds  to  be  v  ,  r 

issued.  amount  of  two  millions  nine  hundred  thousand  dollars, 

and  such  further  amount  as  shall  be  necessary  to  pay  the 
interest  on  the  said  bonds  already  issued,  and  hereafter  to 
be  issued,  until  such  interest  shall  be  met  by  the  income 
of  the  water  works  and  taxation,  as  hereinafter  provided, 
shall  be  issued  by  the  mayor,  comptroller  and  clerk  of  the 
said  city,  in  the  manner  heretofore  done  by  them  in  regard 
to  the  other  bonds  of  the  said  city,  from  time  to  time  as 
the  same  shall  be  required,  for  the  purposes  of  this  act, 
payable  in  not  less  than  twenty -five,  nor  more  than  forty 
years  ;  bearing  interest  at  the  rate  of  six  per  cent,  per  an- 
num, payable  half-3'early,  on  the  first  day  of  July  and  Jan- 
uary in  each  year ;  and  the  said  bonds,  issued  and  hereafter 
to  be  issued,  and  the  proceeds  of  the  sale  thereof,  shall 
constitute  the  fund  for  paying  the  cost  of  constructing  and 
completing  the  said  water  works. 

Bonds  to  bo         §  10.  The  said  bonds,  issued  and  hereafter  to  be  issued 
as  aforesaid,  may  be  sold  by  the  said  commissioners,  at 


167 


public  or  private  sale,  and  the  proceeds  of  such,  sale 
shall  be  by  them  paid  over  to  the  treasurer  of  said  city. 
The  commissioners,  with  the  concurrence  of  the  said  mayor 
and  comptroller,  may  pledge  the  said  bonds  for  money 
borrowed  temporarily,  at  a  higher  rate  of  interest,  if  they 
shall  deem  the  necessities  of  the  work  to  require  it. 

§  11.  The  property  of  the  city  of  Brooklyn,  including  ^cured^by^he 
the  water  works,  reservoirs,  lands,  ponds,  streams,  right  of 
way,  pipes,  and  hydrants,  are  hereby  pledged  for  the  pay- 
ment of  the  bonds  issued  and  hereafter  to  be  issued,  as 
aforesaid,  with  interest. 

§  12.  There  shall  be  added  to  the  general  tax,  for  the  sinking  fund 

°  .  created. 

city  of  Brooklyn,  at  large,  in  the  year  eighteen  hundred 
and  fifty-eight,  and  yearly  thereafter,  and  levied  and  col- 
lected therein,  such  sum  of  money  in  each  of  said  years,  as 
shall  be  necessary  to  pay  any  deficiency  which  the  net  in- 
come of  the  water  works,  after  paying  the  annual  expenses 
thereof,  shall  be  insufficient  to  pay  of  interest  for  any  such 
year,  or  any  such  bonds,  and  the  further  sum  of  fifty 
thousand  dollars,  which  is  hereby  directed  to  be  paid  to 
the  commissioners  of  the  sinking  fund  of  the  said 
city,  and  held  and  managed  by  them  for  the  full  and 
final  redemption  of  said  bonds,  and  for  no  other  purposes- 
It  shall  be  the  duty  of  the  mayor  and  comptroller  of  said 
city,  to  estimate  and  ascertain  the  amount  of  such  deficien- 
cy, and  transmit  a  statement  of  the  same  in  each  year  to 
the  board  of  supervisors  of  the  county  of  Kings,  in  time  to 
have  such  account  included  in  the  general  tax  of  the  said 
°ity  for  that  year  ;  and  it  shall  be  the  duty  of  the  super- 
visors to  cause  such  account  to  be  included  in  such  gen- 
eral tax. 

13.  The  lands  which  shall  be  occupied  bv  the  said  improvements 

.  r  j  exempt  from 

water  works,  m  Kings  and  Queens  counties,  shall  be  taxed  taxation, 
at  the  value  of  the  land,  exclusive  of  any  improvements 


168 


thereon  ;  and  all  suck  improvements  shall  be  exempt  from 
taxation. 

§  14.  All  acts  and  parts  of  acts,  inconsistent  with  this 
act,  are  hereby  repealed. 

§  15.  This  act  shall  take  effect  immediately. 


DRAINAGE  AND  SEWERAGE. 


AN  ACT 

IN  RELATION  TO  SEWERAGE  AND  DRAINAGE  IN  THE  CITY 
OF  BROOKLYN. 


PASSED  APKIL  15,  1857— THKEE-FIFTHS  BEING  PRESENT. 


The  People  of  the  State  of  Neiu  York,  represented  in  Senate 
and  Assembly,  do  enact  as  follows  : 

Section  1.  The  board  of  water  commissioners,  as  pro-  Water  commis- 

7        x        sioners  to  be 

victed  for  in  an  act  entitled  an  act  to  provide  for  the  sup-  ^^f^1"3 
ply  of  the  city  of  Brooklyn  with  water,  passed  the  eleventh  sewers, 
day  of  February,  one  thousand  eight  hundred  and  fifty- 
seven,  shall  be  and  are  hereby  constituted  the  commis- 
sioners under  this  act,  and  shall  have  power  to  devise  and 
frame  a  plan  of  drainage  and  sewerage  of  the  whole  of  said 
city  upon  a  regular  system,  for  the  purpose  of  thoroughly 
draining  and  carrying  off  the  water  and  filth  proper  to  be 
carried  off  by  sewers,  for  the  health  and  convenience  of  the 
inhabitants  of  said  city.  The  plan  shall  show  the  location 
and  direction,  size  and  slope  of  each  drain  and  sewer, 
whether  mains  or  laterals,  and  its  depth  below  the  surface 
and  connections  with  other  « drains  and  sewers,  and  such 
other  particulars  as  may  be  necessary  and  proper  for  the 
purpose  of  presenting  a  complete  and  entire  plan  of  such 
drainage  and  sewerage  ;  they  shall  have  access  for  all  their 
purposes  to  all  maps,  surveys  and  documents  in  the  pub- 
lic offices  of  said  city.  They  shall  appoint  one  general 
superintendent,  and  as  many  engineers,  surveyors,  assis 
12 


170 


tants  and  clerks  as  may  be  necessary  to  cany  out  the  pro- 
visions of  this  act;  the  said  superintendent  shall  apportion 
all  assessments  hereinafter  mentioned,  and  perform  and  ex- 
ecute such  other  duties  under  this  act  as  the  said  commis- 
sioners may  delegate  to  him,  in  the  same  manner  and  with 
the  same  effect  as  if  performed  and  executed  by  the  said 
commissioners.  They  shall  pay  the  said  superintendent  a 
salary  of  two  thousand  dollars  a  year.  They  may  pay  to 
said  engineers,  surveyors,  assistants  and  clerks,  such  com- 
pensation as  they  may  think  proper,  and  incur  such  other 
incidental  expenses  as  may  be  necessary  in  performance 
of  their  duties  under  this  act. 

To  keep  a  record    S  2.  The  said  commissioners  shall  keep  a  record  of  their 

of  their  ^ 

proceedings.  acts  and  proceedings,  which  record  shall  be  filed  on  the 
completion  of  their  term  in  the  office  of  the  street  commis- 
sioner of  the  city  of  Brooklyn.  For  all  purposes  of  this  act 
the  said  commissioners  shall  have  jurisdiction  and  control 
over  all  streets  and  avenues  in  said  city. 

Expenses,  how  g  3^  rj\^Q  expenses  mentioned  in  the  preceding  sections 
of  this  act  shall  be  disbursed  by  the  said  commissioners, 
who  may  borrow  the  amount  thereof,  if  necessary,  in  such 
sums  as  may  be  requisite  in  anticipation  of -the  same  being- 
raised  by  tax.  They  shall  deliver  annually  to  the  mayor 
of  said  city  a  statement  of  the  amount  necessary  to  be 
raised  to  pay  such  expenses  and  interest  on  any  moneys 
borrowed  as  aforesaid ;  who  shall  thereupon  transmit  the 
same  to  the  supervisors  of  the  county  of  Kings,  who  shall 
cause  such  amount  to  be  levied  upon  the  taxable  property 
of  said  city  in  the  next  general  tax,  and  the  amount  so 
levied  shall  be  collected  with  such  general  tax,  and  paid 
by  the  city  treasurer  to  the  said  commissioners,  upon  the 
warrant  of  the  mayor  and  comptroller  of  said  city,  coun- 
tersigned by  the  city  clerk,  who  are  hereby  directed  to 
pay  the  same  out  of  any  moneys  collected  in  such  general 
tax. 


171 


examination. 


§4.  Whenever  the  said  commissioners  have  prepared  Th^ir  plan  °/ 

u  -1-      1  drainage  and 

the  said  plan  of  drainage  and  sewerage,  in  whole  or  in  part,  |® JSJSn0be 
of  the  said  city  of  Brooklyn,  they  shall  canse  public  notice  JJJJJJ 
to  be  given  in  all  the  newspapers  published  in  the  city  of 
Brooklyn,  that  such  plan  has  been  filed  in  their  office  for 
inspection,  and  that  they  will  meet  at  a  time  and  place  in 
said  city,  to  be  specified  in  said  notice  not  less  than  twen- 
ty days  after  the  first  publication  of  such  notice,  when  they 
will  receive  the  views  and  suggestions  and  objections  of 
any  parties  interested  in  the  drainage  and  sewerage  of  said 
city.  The  said  commissioners  shall  hear  such  parties  at 
the  time  and  place  so  specified,  or  at  any  adjourned  meet- 
ing then  and  there  proclaimed,  and  shall  thereupon  amend 
and  correct  the  same  as  they  may  deem  proper,  and  file  a 
copy  thereof  as  amended  and  corrected  and  duly  certified 
by  them,  in  the  office  of  the  street  commissioner  of  said 
city,  and  a  similar  copy  in  the  office  of  the  register  of  the 
county  of  Kings,  whereupon  the  plan  or  any  part  thereof 
therein  set  forth  shall  be  the  permanent  plan  of  sewerage 
of  the  city  of  Brooklyn. 

§  5.  The  said  commissioners  shall,  upon  the  filing  of  the 
said  amended  and  corrected  plan,  proceed  to  construct  ^°rsg  and 
such  of  the  drains  and  sewers  therein  adopted  as  the  public 
health,  convenience  or  interest  shall  demand,  or  so  much 
thereof  as  may  be  necessary ;  they  shall  cause  specifica- 
tions of  the  work  in  the  most  approved  form  and  charac- 
ter to  be  made,  and  shall  let  the  same  out  to  be  done  by 
contract  to  such  persons  as  shall  best  in  their  judgment 
subserve  the  interests  of  the  public  and  the  parties  assessed. 
They  shall  employ  proper  persons  to  inspect  the  work,  and 
may  employ  counsel  to  aid  them  in  the  performance  of 
their  duties. 

§  6.  The  expenses  attending  the  construction  of  drains  ^pxpp0e,!Jj^l0vr 
and  sewers  shall  be  borne  as  follows,  that  is  to  say :  the 
amount  of  so  much  of  the  expenses  of  constructing  any 


Commissioner? 
to  construct 


172 


xVssessments 
therefor,  bow 
made  and 
collected. 


main  drain  or  sewer  as  shall,  in  the  judgment  of  the  said 
commissioners,  exceed  the  cost  of  a  proper  lateral  drain  or 
sewer  for  the  street  in  which  such  main  drain  or  sewer 
shall  be  laid,  shall  be  assessed  upon  the  owners  of  lands 
other  than  those  fronting  on  such  streets  or  avenues  as 
shall  be  drained  by  or  discharge  their  waters  through  any 
lateral  sewer  in  such  main  drain  or  sewer,  in  proportion  to 
the  benefit  derived  by  such  owners  respectively,  by  such 
main  drain  or  sewer,  not  exceeding  any  actual  benefit  de- 
rived therefrom  by  them  respectively  ;  the  balance  of  such 
expenses  for  the  construction  of  any  main  drain  or  sewer 
and  the  expenses  of  constructing  any  lateral  drain  or  sewer, 
shall  be  assessed  by  the  said  commissioners  upon  the  own- 
ers of  lots  fronting  on  the  streets  and  avenues  through 
which  such  sewer  shall  be  laid,  in  proportion  to  the  bene- 
fit derived  by  them  respectively,  not  exceeding  the  actual 
benefit  derived  therefrom  by  them  respectively. 

§  7.  The  said  commissioners  shall  cause  assessments  for 
the  expenses  as  aforesaid  of  each  sewer  constructed  by  them 
to  be  made  out  in  proper  form,  with  diagrams  showing  the 
property  assessed  and  the  names  of  the  owners  thereof, 
and  when  such  assessment  is  made,  publish  a  notice  in  the 
corporation  newspapers  that  the  same  has  been  completed, 
and  of  a  place  in  said  city  where  the  same  may  be  exam- 
ined, and  of  a  time  not  less  than  ten  days  thereafter  when, 
and  a  place  in  said  city  where,  they  will  meet  to  hear  ob- 
jections thereto.  They  shall  then  and  there  hear  parties 
objecting,  and  shall  thereupon  proceed  to  amend  and  cor- 
rect such  assessment  as  they  may  deem  proper.  They 
shall  then  certify  the  same  to  be  complete,  and  send  the 
same  so  certified  to  the  common  council  of  said  city,  to- 
gether with  a  copy  of  the  contract  made  by  them  for  the 
work  and  a  certificate  of  the  expenses  included  in  such 
assessments,  and  to  whom  the  same  may  be  payable,  and 
thereupon  such  assessments  shall  have  the  same  force  and 


173 


effect  as,  and  shall  be  deemed  to  be  local  assessments, 
within  the  operation  of  the  charter  and  laws  relating  to 
said  city,  and  the  ordinances  thereof  and  the  assessment 
therein  made  shall  become  a  lien  upon  the  lands  so  assess- 
ed ;  and  the  owners  of  the  lands  so  assessed  shall  be  liable 
to  pay  such  assessments,  and  a  warrant  for  the  collection 
of  the  same  shall  be  issued,  and  the  actual  collection  there- 
of shall  be  made  in  the  same  manner  as  if  such  assess- 
ments were  for  a  local  improvement  under  the  charter  and 
laws  in  force  relating  to  said  city,  and  all  provisions  of 
said  charter  and  laws  and  of  the  ordinances  of  said  city  in 
relation  to  assessments  for  local  improvements  after  the 
confirmation  thereof,  and  in  relation  to  the  collection  of 
the  same,  the  making  assessments  liens  upon  the  lands  as- 
sessed, making  the  owners  of  lands  and  their  personal 
property  liable  to  pay  assessments  thereon,  issuing  war- 
rants for  collection  of  assessments,  the  duties  of  collector 
and  other  city  officers  in  regard  to  collecting  assessments, 
the  sale  of  lands  for  the  non-payment  of  assessments,  the 
redemption  of  lands  from  sales  for  assessments,  the  de- 
scription of  assessment  lists,  the  payment  of  money  raised 
by  assessment  to  the  parties  entitled  to  such  moneys,  shall, 
so  far  as  the  same  can  be  made  applicable,  apply  to  the 
assessments  for  such  drains  and  sewers  respectively,  after 
the  same  shall  be  transmitted  to  the  common  council  as 
aforesaid,  and  shall  apply  to  the  persons  interested  there- 
in, and  to  the  land  so  assessed,  and  the  owners  thereof 
respectively,  and  to  the  city  officers  and  the  parties  entitled 
to  the  moneys  so  assessed. 

§  8.  In  case  the  said  commissioners  shall,  in  devising  and  Land  may 

.  .  taken  for  th 

framing  a  plan  of  sewerage  and  drainage,  find  it  necessary  ££JP°S*  °£ 
to  construct  a  sewer  or  drain  through  any  part  of  any 
street  or  avenue  not  opened  by  law,  and  such  sewer  or 
drain  cannot  be  constructed  so  as  to  properly  drain  any 
portion  of  said  city  without  carrying  the  same  through  any 


174 


part  of  such  street  or  avenue  not  opened  as  a  public  street 
or  avenue,  it  shall  be  lawful  for  said  commissioners,  or  a 
majority  of  them,  to  present  a  petition  to  the  supreme 
court  at  a  general  or  special  term  thereof,  held  in  the  city 
of  Brooklyn,  for  the  appointment  of  commissioners  to  pro- 
ceed to  open  said  street  or  avenue  in  the  same  manner  as 
now  provided  by  law  for  opening  streets  and  avenues  by 
petition  to  the  common  council  of  said  city,  and  the  said 
court,  upon  such  application,  shall  be  authorized  to  ap- 
point such  commissioners.  Ten  days'  notice  of  such  in- 
tended application  shall  be  published  in  the  newspapers 
employed  by  the  mayor  and  common  council  of  the  city 
of  Brooklyn  for  the  publication  of  ordinances  and  notices, 
stating  the  time  and  place  when  such  petition  will  be  pre- 
sented to  the  court ;  all  parties  in  interest  may  be  heard  be- 
fore said  court,  and  if  said  court  shall  make  an  order  for 
the  appointment  of  such  commissioners,  then  all  the  laws 
in  relation  to  opening  streets  and  avenues  in  said  city,  the 
awarding  of  damages,  making  assessments  a  lien,  and  fix- 
ing districts  of  assessments,  and  collecting  such  assess- 
ments, shall  be  applicable  thereto  in  the  same  manner  as 
if  such  street  or  avenue  had  been  opened  on  petition  to 
the  common  council  of  said  city. 

epeaiing  clause,     g  9,  &[\  acts  and  parts  of  acts  inconsistent  with  this  act  are 
hereby  repealed,  so  far  as  the  same  conflict  with  this  act. 

§  10.  This  act  shall  take  effect  immediately. 


BOARD  OF  EDUCATION. 


AN  ACT 

TO   REORGANIZE  AND  REGULATE    THE  COMMON  SCHOOLS 
AND  THE  BOARD  OF  EDUCATION  IN  THE 
CITY  OF  BROOKLYN.* 


PASSED  APRIL  4,  1850— THREE-FIFTHS  BEING  PRESENT. 


The  People  of  the  State  of  New  York,  represented  in  Senate 
and  Assembly,  do  enact  as  follows : 

Section  1.  The  common  council  of  the  city  of  Brook- Board  of  educa- 
tion, of  whom 

lyn  shall,  on  the  first  Monday  of  February  after  this  act  to  consist, 
becomes  a  law,  appoint  thirty-three  persons,  residents  of 
said  city,  one  of  whom  at  least,  shall  reside  in  each  school 
district  thereof,  who  together  shall  constitute  a  board  of 
education.  It  shall  then  divide  the  said  board  into  three 
equal  classes,  each  class  containing  eleven  members,  and 
shall  determine  by  lot  their  respective  terms  of  office,  so 
that  the  first  class  shall  serve  one  year,  the  second  two 
years,  and  the  third  three  years.  In  each  year  thereafter, 
the  said  common  council  shall  appoint  eleven  members  of 
said  board,  care  being  had  to  preserve  the  representation 
of  at  least  one  member  from  each  school  district,  whose 
term  of  office  shall  continue  three  years,  and  in  case  a 
vacancy  shall  at  any  time  occur  in  said  board,  the  said 
council  shall  supply  the  same.    The  persons  so  appointed 


*  See  Laws  of  1856,  Chap.  80,  and  Chap.  179. 


176 


To  have  entire 
charge  of  public 
schools. 


shall  be  re-eligible,  and  shall  hold  office  until  their  succes- 
sors are  appointed  and  shall  have  qualified. 

§  2.  The  board  of  education  shall  have  the  entire  charge 
and  direction  of  all  the  public  schools  of  said  city,  and  of 
the  school  moneys  raised  for  the  support  of  the  same,  and 
shall  possess  the  powers,  and  be  subject  to  the  general 
duties  of  trustees  of  common  schools  in  this  state,  so  far 
as  the  same  are  not  impaired  or  affected  by  this  act.  It 
shall  annually  choose  a  presiding  officer,  make  its  own  by- 
laws, keep  a  journal  of  its  proceedings,  define  the  duties  of 
its  officers  and  committees,  and  prescribe  such  rules  and 
regulations  for  instruction  and  discipline  in  the  said  public 
schools,  as  are  not  inconsistent  with  the  laws  of  the  state ; 
and  all  the  provisions  of  the  act  relating  to  resignations 
and  expulsions  in  the  common  council  shall  be  applicable 
to  the  board  of  education. 


The  city  a 
school  district 
for  purposes  of 
taxation. 


To  establish 
schools  for 


and  evenin 
schools. 


§  3.  The  whole  city  shall  be  a  school  district  for  all  pur- 
poses of  taxation,  as  well  for  the  purchase  of  school  sites 
and  the  building  and  repairing  of  school  houses,  as  for  the 
annual  support  of  schools ;  but  shall  be  divided  by  the 
board  of  education  into  as  many  districts  as  there  are 
schools,  for  the  purpose  of  determining  the  limits  within 
which  children  may  attend  such  schools. 

§  4.  The  board  of  education  shall  have  power  to  organ- 
SdeTO^S^  ize  and  establish  schools  for  colored  children,  and  such 
evening  schools  as  it  may,  from  time  to  time,  deem  ex- 
pedient, and  shall  adopt  the  necessary  rules  for  the  govern- 
ment of  the  same.  It  may  make  use  of  the  public  school 
houses  under  its  charge  for  such  evening  schools,  and  the 
expense  of  said  schools  shall  be  paid  out  of  the  general 
fund,  in  the  same  manner  as  those  of  the  other  public 
schools.  No  person  shall  be  prohibited  from  attending  the 
evening  schools  on  account  of  age. 

[§  5.  The  board  of  education  shall  annually  appoint  a 
city  superintendent  of  common  schools,  whose  duty,  in 


To  appoint  a 
city  superinten 
dent. 


177 


addition  to  the  visitation  and  superintendence  of  the 
schools,  shall  be  to  examine  teachers,  and  grant  cer- 
tificates in  such  manner  and  form  as  may  be  pre. 
scribed  by  the  state  superintendent  of  public  instruc- 
tion, which  shall  not  be  in  force  longer  than  one 
year,  and  may  at  any  time  be  revoked  by  the  board  of 
education.  He  shall  also  make  such  annual  and  other 
reports  of  the  condition  of  the  schools,  as  he  may  be  re- 
quired by  law  or  by  the  said  board,  and  perform  such 
other  duties  as  may  be  prescribed  by  the  said  board  in 
relation  to  the  common  schools  of  said  city.  The  said 
board  shall  also  annually  appoint  a  secretary  to  said 
board,  who  shall  perform  such  duties  as  may  be  pre- 
scribed by  the  said  board.  Such  superintendent  and  sec- 
retary shall  be  paid  salaries  out  of  the  general  fund,  to  be 
fixed  by  the  said  board.  They  may  be  removed  from 
office  by  a  vote  of  a  majority  of  all  the  members  of  the 
board  of  education.]* 

§  6.  The  treasurer  of  the  city  shall  be,  ex-ofhcio,  the  Treasurer, 
treasurer  of  the  board  of  education,  and  shall  receive  to 
the  credit  of  said  board,  from  the  county  treasurer,  the 
amount  of  school  money  to  which  the  city  is  entitled  from 
the  state  appropriation,  together  with  such  amount  as  is 
raised  by  the  board  of  supervisors,  to  entitle  the  city  to 
its  distributive  share  of  the  school  moneys  of  the  state,  and 
from  the  city  collector  the  money  raised  by  tax  for  the 
support  of  schools ;  and  he  shall  disburse  the  same  only 
by  the  order  and  upon  the  warrant  of  the  board  of  educa- 
tion, drawn  in  favor  of  the  person  entitled  to  payment, 
signed  by  the  presiding  officer  of  the  board,  and  counter- 
signed by  its  secretary. 

§  7.  The  treasurer  shall  give  such  bonds  for  the  faithful To  &™  bonds- 


*  As  amended.    Laws  of  1S57,  Chap.  1 12. 


173 


Annual  state- 
ment. 


Amount  to  be 
raised  annually. 


How  levied. 


performance  of  his  duty  as  the  common  council  may  re- 
quire, and  shall  report  monthly  to  the  board  of  education 
his  receipts  and  expenditures,  with  the  balance  remaining 
on  hand  to  the  credit  of  the  board,  and  such  other  infor- 
mation in  relation  thereto,  as  the  board  of  education  may, 
from  time  to  time,  require. 

§  8.  (Repealed  by  city  charter,  title  XI,  section  13.) 

§  9.  The  board  of  education  shall  present,  annually,  on 
or  before  the  first  Monday  in  February,  to  the  common 
council,  an  estimate  of  the  money  required  to  be  raised  in 
the  ensuing  year  for  the  support  of  the  schools  and  for  the 
purchase  of  school  sites,  as  well  as  for  the  building  and  repair- 
ing of  school  houses  ;  and  the  common  council  shall  deter- 
mine what  sums  shall  be  raised  for  such  purposes,  respect- 
ively, in  addition  to  the  amount  already  required  by  law 
in  order  to  entitle  the  city  to  its  distributive  share  of  the 
state  school  mone3r. 

§  10.  The  amount  of  money  to  be  raised  for  the  support 
of  schools  in  any  one  year,  exclusive  of  the  sums  required 
to  purchase  sites,  and  to  build  and  repair  school  houses,  as 
well  as  to  entitle  the  city  to  its  share  of  the  state  school 
money,  shall  not  be  less  than  one  dollar  and  twenty- five 
cents,  nor  more  than  one  dollar  and  seventy-five  cents,  for 
each  child  between  the  ages  of  five  and  sixteen  years, 
within  the  city,  as  ascertained  by  the  previous  census, 
herein  required  to  be  taken  on  the  thirty-first  of 
December  in  each  year. 

§  11.  The  several  amounts  so  determined  by  the  com- 
mon council  to  be  raised  as  aforesaid,  shall  be  levied  upon 
all  the  taxable  property  of  the  city,  in  the  same  manner, 
and  at  the  same  time  as  the  taxes  for  city  purposes,  and 
shall  be  stated  and  sent  to  the  board  of  county  supervisors, 
to  be  levied  and  collected  accordingly. 


17,9 


§  12.  The  board  of  supervisors, 'in  their  warrant  to  the  ^  be  placed  to^ 
collector,  shall  direct  him  to  pay  the  amount  so  to  be  col-  creation, 
lected  to  the  treasurer  of  the  city,  to  the  credit  of  the  board 
of  education,  out  of  the  first  moneys  collected. 

§  13.  It  shall  be  the  duty  of  the  first  board  of  city  assess-  school  property 

°  J  J  to  be  valued. 

ors  elected  after  this  law  shall  take  effect,  to  estimate  the 
value  of  the  school  property  of  each  school  district  as  here- 
tofore existing,  and  certify  the  same  to  the  board  of  super- 
visors. The  supervisors  shall  thereupon  proceed  to  equal- 
ize the  said  value  by  assessing  the  aggregate  amount  thereof 
upon  the  whole  city,  and  crediting  each  school  district  on 
account  of  its  general  tax,  with  the  value  of  its  separate 
school  property,  and  its  special  school  taxes  already  laid 
and  in  progress  of  collection. 

§  14.  The  board  of  education  shall  determine  the  niim-  schools  and 

"  school-nouses. 

ber  and  location  of  schools ;  but  no  expenditures  for  the 
purchase  of  ground  or  the  erection  of  school  houses  shall 
hereafter  be  made,  unless  the  same  shall  have  been  ap- 
proved of  by  the  common,  council.  Such  approval  shall 
be  deemed  to  have  been  given  when  the  tax  therefor  shall 
be  approved  by  the  common  council,  and  levied  hj  the 
supervisors  ;  or  it  may  be  specially  given  upon  the  appli- 
cation of  the  board  of  education  to  make  expenditure  in 
anticipation  of  a  tax  to  be  levied  in  the  ensuing  year. 

§  15.  The  title  of  all  property  now  or  hereafter  to  be  re-  Title  to  school 

7  «■  property. 

quired  for  school  purposes,  shall  be  vested  in  the  board  of 
education. 

§16.  The  board  of  education  shall  determine  whether  Libraries  and 

.  .  t  apparatus. 

any  and  what  portion  of  the  state  appropriation  and  the 
county  tax,  designated  as  library  money,  shall  be  applied 
to  the  purchase  of  school  libraries  and  apparatus,  and  the 
disposition  thereof ;  and  the  residue  of  said  money  shall 
be  applied  to  the  payment  of  teachers'  wages,  or  for  the 
purchase  of  school  books,  and  to  no  other  purpose. 


180 


Funds-  §  17.  The  money  raised  for  the  purchase  of  school  sites, 

and  the  building,  repairing  and  furnishing  of  school  houses, 
shall  be  known  as  the  "special  school  fund,"  and  all  other 
moneys  as  the  "general  school  fund  ;"  and  it  shall  be  the 
duty  of  the  board  of  education  to  keep  accurate  accounts 
of  its  receipts  and  expenditures,  distinguishing  between 
those  of  a  general  and  those  of  a  special  character ;  and  it 
shall  not  be  lawful  to  expend  any  portion  of  the  moneys 
raised  for  the  use  of  one  of  said  funds,  for  the  purposes  of 
the  other  of  said  funds,  but  the  expenditures  shall  be  made 
in  conformity  with  the  appropriations  under  which  the 
funds  were  levied  and  collected. 

Annual  returns.  §  18>  rp^  boar(j  0f  education  shall  make  returns  annu- 
ally, to  the  common  council,  of  its  receijDts  and  expendi- 
tures, specifying  those  on  account  of  the  general  and 
special  funds  respectively,  with  such  other  details  as  the 
common  council  may  from  time  to  time  require. 

Moneys  not  to       §  19.  ]STo  school  in  said  city  shall  be  entitled  to  any  por- 

be  applied  to  °  J  m  . 

sectarian  schools,  tion  of  the  school  moneys,  in  which  the  religious  sectarian 
doctrine  or  tenets  of  any  particular  christian  or  other  re- 
ligious sect  shall  be  taught  or  inculcated,  or  which  shall 
refuse  or  prohibit  visits  or  examinations  by  the  city  super- 
intendent or  members  of  the  board  of  education  of  said 
city ;  provided  that  this  section  shall  not  be  deemed  to 
prohibit  the  use  of  the  holy  scriptures  without  note  or 
comment. 

§  20.  (Repealed  by  city  charter,  title  XI,  section  13.) 


COURTS  OF  THE  CITY. 


AN  ACT 

TO  ESTABLISH  COUETS   OF    CIVIL   AND   CEIMINAL  JURIS- 
DICTION IN  THE  CITY  OF  BROOKLYN. 


PASSED  MAECH  24  1849. 


The  People  of  the  State  of  New  York,  represented  in  Senate 
and  Assembly,  do  enact  as  follows : 

Section  1.  There  shall  be  elected  in  the  city  of  Brook-  ^tld?86  t0  be 
Tyn,  at  the  next  charter  election  to  be  held  in  said  city, 
and  every  six  years  thereafter,  a  city  judge,  who  shall  hold 
his  office  for  six  years,  from  the  first  day  of  May  next 
after  his  election,  and  shall  be  subject  to  removal  in  the 
same  manner  as  the  county  judge.* 

§  2.  The  said  judge,  alone,  or,  in  case  of  his  absence,  To°u^told  cit>' 
inability  to  attend,  or  vacancy  in  such  office,  the  mayor, 
and  any  two  aldermen  of  said  city,  shall  hold  a  court  of 
civil  jurisdiction,  to  be  called  "The  City  Court  of  Brook- 
lyn," which  shall  be  a  court  of  record,  and  its  jurisdiction 
shall  extend  to  the  following  actions : 

1.  To  the  actions  enumerated  in  section  one  hundred  and  Jurisdiction, 
three  of  the  Code  of  Procedure,  when  the  cause  of  action 

shall  have  arisen,  or  the  subject  of  the  action  shall  be  situ- 
ate, within  the  said  city. 

2.  To  all  other  actions  where  all  the  defendants  shall 


*  See  Laws  of  1852,  Chap.  314,  which  follow  this  act. 


182 


Term? 


Powers  of  court, 


Effect  of  dock- 
eted judgment. 


Appeals  to  su- 
preme court. 


reside  or  be  personally  served  with  summons,  within  said 
city. 

3.  To  actions  against  corporations  created  under  the 
laws  of  this  state,  and  transacting  their  general  business 
within  said  city,  or  established  by  law  therein. 

§  3.  The  said  court  shall  be  held  once  in  each  month, 
and  shall  commence  on  the  first  Monday  thereof,  and  may 
be  continued  for  four  weeks. 

§  4.  The  said  courts  hall  possess  the  powers  and  authori- 
ty in  relation  to  actions  in  said  court,  and  the  process  and 
proceedings  therein,  as  are  possessed  by  the  supreme  court 
in  relation  to  actions  pending  in  the  said  supreme  court. 

And  all  laws  regulating  the  practice  of  the  supreme 
court  and  the  course  of  procedure  therein,  shall,  as  far  as 
practicable,  apply  to  and  be  binding  upon  the  said  city 
court,  and  the  said  city  court  shall  have  power  to  review 
all  of  its  decisions  and  to  grant  new  trials. 

§  5.  Every  judgment  of  said  city  court  may  be  docket- 
ed, and  shall  be  a  lien  in  the  like  manner  and  to  the  same 
extent,  as  judgments  recovered  in  the  supreme  court. 
And  the  said  city  court  shall  have  the  same  power  over 
the  dockets  of  its  judgments  in  the  office  of  any  county 
clerk,  and  over  such  county  clerk  in  respect  to  the  same, 
as,  for  the  time  being,  may  be  possessed  by  the  supreme 
court  in  respect  to  the  dockets  of  judgments  in  the  supreme 
court.  And  the  said  city  court  shall  possess  the  like 
powers,  in  relation  to  process  which  may  be  issued  out  of 
said  court,  as  is  now  possessed  by  the  supreme  court  in  re- 
lation to  process  issued  out  of  the  said  supreme  court. 

[§  6.  An  appeal  may  be  taken  from  any  judgment  or 
final  determination  of  said  city  court,  and  from  any  inter- 
mediate order,  involving  the  merits  and  necessarily  affect- 
ing the  judgment,  to  the  supreme  court,  at  a  general  term 


183 


thereof ;  and  all  provisions  of  law  relative  to  appeals  from 
courts  of  inferior  j  urisdiction  to  the  supreme  court  shall 
apply  to  appeals  from  said  city  court. 

[§  7.  There  shall  be  a  clerk  of  said  court  to  be  appoint-  cierk  of  court, 
ed  by  said  court,  who  shall  have  power  to  take  acknow- 
ledgment of  satisfaction  of  judgments  in  said  court,  to  be 
recorded  in  any  county  in  which  such  judgments  may  be 
docketed.  He  shall  receive  the  same  fees  for  his  services  His  fees, 
in  civil  cases,  as  is  provided  for  similar  services  by  the 
county  clerk,  and  shall  pay  such  fees  to  the  county  treas- 
urer of  the  county  of  Kings. 

[§  8.  The  clerk  shall,  at  the  expense  of  the  county,  Books, 
provide  such  necessary  books  as  may  be  required  for  the 
discharge  of  his  duties  as  such  clerk.    He  may  appoint  a  Deputy, 
deputy,  who  shall,  in  the  absence  of  the  clerk  from  his 
office  or  from  the  court,  possess  all  his  powers  and  perform 
all  his  duties. 

[§  9.  The  said  city  court  shall  devise  its  own  seal,  atseai. 
the  expense  of  said  county  of  Kings ;  and  a  description 
thereof,  attested  by  the  said  clerk,  shall  be  deposited  with 
the  secretary  of  state. 

[§  10.  The  said  city  court,  and  the  office  of  the  clerk  clerk's  office 

LO  J  1  and  court. 

thereof,  shall  be  held  at  the  City  Hall  of  the  city  of  Brook- 
lyn ;  and  the  supervisors  of  the  county  of  Kings  shall,  at 
the  expense  of  said  county,  furnish  and  provide  all  apart- 
ments and  accommodations  necessary  for  the  said  court. 
And  the  mayor  and  aldermen  of  the  city  of  Brooklyn, 
while  sitting  as  members  of  said  city  court,  shall  each  be 
entitled  to  receive  for  their  services  in  that  capacity,  the 
sum  of  three  dollars  per  day,  to  be  paid  by  the  county 
treasurer  of  the  county  of  Kings,  on  the  certificate  of  the 
clerk  of  said  city  court.]* 


*  As  amended.    LaVs  of  1S50,  Chap.  102. 


184 


Court  of  crimi- 
nal jurisdiction. 


Indictments. 


§  11.  The  said  city  judge,  with  the  mayor  and  an  al- 
derman, or  with  any  two  aldermen  of  said  city,  or  in  case  of 
the  absence  of  said  city  judge,  his  inability  to  attend,  or  va- 
cancy in  said  office,  the  mayor  and  any  two  aldermen  of 
said  city  may  and  shall  hold  a  court  of  criminal  jurisdic- 
tion, which  shall  also  be  called  "  The  City  Court  of  Brook- 
lyn," which  shall  have  criminal  jurisdiction  to  the  same 
extent  and  in  the  same  manner  and  with  the  same  powers 
as  the  courts  of  sessions  of  the  several  counties  of  this 
state  in  the  indictment  and  trial  of  all  offences  committed 
in  the  said  city.  Whenever  any  bill  of  indictment  for  any 
offence  shall  have  been  transmitted  to  the'said  court,  pur- 
suant to  the  provisions  of  the  next  section,  the  proceedings 
thereon  shall  be  in  all  respects  the  same  as  on  indictments 
in  a  court  of  sessions. 

§  12.  When  an  indictment  shall  be  found  in  the  court 
of  oyer  and  terminer,  or  in  the  court  of  sessions  of  the 
county  of  Kings,  for  any  offence  specified  in  the  last  pre- 
ceding section,  triable  by  a  court  of  sessions,  either  of  the 
said  courts  in  which  said  indictments  shall  be,  may  order 
the  same  to  be  transmitted  to  the  said  city  court,  and  shall 
bind  by  recognizance,  in  the  manner  now  prescribed  by 
law,  the  witnesses  and  the  party  or  parties  to  said  indict- 
ment to  appear  in  said  city  court,  at  the  next  term  thereof, 
and  when  any  recognizance  thus  taken  shall  have  become 
forfeited,  the  same  may  be  prosecuted  in  the  said  city 
court.  And  the  said  city  court  shall  have  power  in  their 
discretion  to  remand  such  indictment,  and  to  remit  any 
indictment  found  in  the  said  city  court  to  the  said  court  of 
oyer  and  terminer;  or  sessions  of  the  peace. 

[§  13.  The  said  court  shall  be  held  once  in  each  month, 
and  shall  commence  on  the  first  Monday  thereof,  and  may 
be  continued  for  four  weeks.  The  terms  of  the  said  court 
held  in  the  months  of  May,  July,  September,  November, 


185 


January  and  March  in  each  and  every  year,  shall  be  de- 
voted exclusively  to  the  transaction  of  civil  business  and 
trials  in  civil  cases ;  and  the  terms  held  in  the  months  of 
June,  August,  October,  December,  February  and  April, 
shall  be  exclusively  devoted  to  the  transaction  of  criminal 
business  and  trials  in  criminal  cases. 

[§  14.  The  sheriff  of  the  county  of  Kings,  his  under 
sheriff,  or  one  of  his  deputies,  and  so  many  constables  or 
marshals  of  said  city  as  shall  be  directed  by  the  said  city 
judge  and  summoned  by  the  said  sheriff,  shall  attend  the 
sittings  of  the  said  court,  and  shall  receive  the  same  com- 
pensation therefor  as  is  allowed  by  law  to  constables  for 
attending  other  courts  of  record,  and  shall  be  paid  by  the 
county  treasurer  in  the  same  manner.]- 

§  15.  The  mayor,  with  the  assessors  of  the  several  wards  List  of  jurors  to 
in  the  said  city,  shall  immediately  after  this  act  takes  effect, 
and  in  the  month  of  May  in  each  year  thereafter,  make  out, 
return  to,  and  file  with  the  clerk  of  the  said  city  court,  a  list 
of  the  residents  of  the  said  city,  qualified  to  serve  as  grand 
jurors ;  and  also  make  out,  return,  and  file  as  aforesaid,  a 
list  of  the  names  of  such  persons,  residents  in  said  city,  not 
exempt  from  jury  service,  as  should,  in  their  opinion,  be 
returned,  as  qualified  for  petit  jurors  in  said  court ;  which 
.said  first  mentioned  list  shall  be  called  the  grand  jury  list, 
and  the  last  mentioned  list  shall  be  the  petit  jury  list,  from 
which  the  jury  for  said  court  shall  be  drawn. 

§  16.  From  the  list  of  grand  iurors  so  returned  and  filed,  cierk  to  write 

J  .  .  names  on  sepa- 

the  clerk  of  the  said  city  court  shall  write  on  separate  rate  papers, 
pieces  of  paper  the  names  of  the  persons  contained  in  said 
list,  and  deposit  the  same  in  a  box  to  be  provided  for  that 
purpose ;  and  not  less  than  six,  nor  more  than  ten  days 
before  the  holding  of  any  term  of  the  said  city  court,  the 
said  clerk,  in  the  presence  of  the  city  judge,  or  one  of  the 

*  As  amended.    Laws  of  i860,  Chap.  102. 

13 


186 


Drawing  of 
jurors,  how 
conducted. 


New  panel, 
when  to  bo 
ordered. 


aldermen  of  said  city,  shall  draw  out  the  names  of  twenty- 
four  persons,  to  serve  as  grand  jurors  at  such  court,  with- 
out any  previous  notice  for  that  purpose;  and  in  like  man- 
ner, the  said  clerk,  from  the  list  of  petit  jurors,  shall  draw 
the  names  of  thirty-six  persons,  to  serve  as  j)etit  jurors  at 
such  court ;  provided  always,  that  it  shall  and  may  be  law- 
ful for  the  said  city  judge,  at  any  time,  before  either  the 
grand  or  petit  jury  shall  be  drawn,  to  dispense  with  the 
drawing  and  summoning  of  either  grand  or  petit  jury,  or 
both,  for  any  term  of  said  court,  by  an  order  by  him  to  be 
made  and  entered  in  the  minutes  of  the  said  court  for  that 
purpose. 

§  17.  The  said  drawing  shall  be  conducted  and  the  ju- 
rors shall  be  summoned  at  least  four  days  before  the  term 
of  the  court  at  which  they  shall  be  required  to  attend,  in 
the  manner  prescribed  by  law  for  other  courts  of  record  ; 
and  the  clerk  of  the  said  court  shall  make  the  same  dispo- 
sition of  the  ballots  containing  the  names  of  the  jurors 
who  shall  have  served,  and  of  those  who  did  not  appear, 
and  of  those  who  were  discharged,  as  is  provided  by  law 
in  respect  to  other  courts  of  record  ;  and  the  said  city  court 
shall  have  the  like  power  as  other  courts  of  record,  to  im- 
pose a  fine  on  any  juror  for  neglecting  to  attend  said 
court. 

§  18.  The  said  city  court  may,  during  the  continuance 
of  any  term  of  said  court,  when  it  may  be  deemed  neces- 
sary, order  a  new  panel  of  thirty-six  jurors,  to  be  drawn 
to  attend  such  court.  Upon  such  order  being  entered  in 
the  minutes  of  the  court,  the  said  jurors  shall  be  drawn 
and  summoned  at  least  two  days  before  the  time  at  which 
they  shall  be  required  to  attend,  in  the  manner  herein  di- 
rected, respecting  the  first  jury  drawn.  Upon  the  attend- 
ance of  such  new  jurors,  the  former  jurors  shall  be  dis- 
charged, and  all  trials  and  proceedings  had  in  such  courts, 
shall  be  had  before  such  new  jurors,  in  the  same  manner 


187 


as  the  same  might  have  been  had  before  such  former 
jurors. 

[§  19.  The  petit  jurors  who  shall  attend  the  said  city  petit jurors 
court,  shall  be  entitled  to  receive,  in  civil  cases,  twelve 
and  a  half  cents  each,  for  each  cause  in  which  they  shall 
be  sworn  as  jurors  ;  and  the  grand  and  petit  jury  shall  be 
paid  in  addition  by  the  county  treasurer,  the  same  com- 
pensation as  is  allowed  for  similar  services  in  the  other 
courts  of  record  in  said  county  of  Kings.]* 

§  20.  The  district  attorney  of  the  county  of  Kings  shall  ^n^distric 
prosecute  all  indictments  which  may  be  found  by  the 
grand  jury  empanneled  by  the  said  city  court,  and  all  in- 
dictments which  shall  be  transmitted  to  the  said  city  court, 
in  the  same  manner  as  if  such  indictment  had  been  tried 
in  a  court  of  sessions  of  the  county,  and  shall  have  the 
same  power  in  all  respects. 

§  21.  In  case  of  the  absence,  inability  to  attend,  or  va- Jj^Jg^ 
cancy  in  the  office  of  said  district  attorney,  the  said  city  sence> &c- 
court  may  designate  some  suitable  person  to  discharge  the 
duties  of  the  said  district  attorney,  in  said  city  court  for  the 
time  being,  who  shall  receive  such  compensation  therefor, 
as  the  board  of  supervisors  of  the  county  of  Kings  shall  fix 
for  that  purpose,  and  which  shall  be  allowed  and  paid  by 
the  said  board  of  supervisors,  as  other  county  charges  are 
allowed  and  paid. 

§  22.  The  fees  to  be  allowed  and  paid  to  the  attorneys  Fees  and  costs- 
and  counsellors  of  the  said  court,  and  the  costs  to  be  re- 
covered in  civil  suits  and  proceedings  therein,  shall  be  the 
same  costs  and  fees  as  are  allowed  and  recovered  for  simi- 
lar services  in  the  supreme  court. 

§23.  The  said  city  judge  may  constitute  a  member  of  Powers  of  city 


*  As  amended.    Laws  of  1850,  Chap.  102. 


188 


any  court  of  oyer  and  terminer  to  be  held  in  and  for  the 
county  of  Kings,  and  for  that  purpose  shall  possess  all  the 
powers  and  authority  of  a  judge  of  the  county  court. 

Judge's  salary.  [§  24.  The  said  city  judge  shall  be  paid  by  the  county 
treasurer,  in  quarterly  payments,  an  annual  salary  of  two 
thousand  five  hundred  dollars. 

clerk's  alary.  [§  25.  The  clerk  of  said  city  court  shall  be  paid  by  the 
county  treasurer,  in  quarterly  payments,  an  annual  salary, 
to  be  fixed  and  determined  by  the  supervisors  of  the  coun- 
ty of  Kings  ;  the  whole  expenses  of  said  court  shall  be  a 
county  charge,  and  shall  be  paid  by  the  supervisors  in  the 
same  manner  as  other  county  charges  are  now  allowed  and 
paid.]* 

rowers  of  judge     §  26.  The  said  city  iudge  shall  have  all  such  powers 

at  chambers.  *  i        i  i  •  •  t 

and  authority  at  chambers,  touching  any  suit  or  proceeding 
in  said  city  court,  as  the  respective  justices  of  the  supreme 
court  from  time  to  time  shall  be  authorized  to  exercise, 
touching  like  suits  or  proceedings  in  the  supreme  court. 
He  may  also  exercise  within  the  county  of  Kings,  all  the 
powers  of  a  justice  of  the  supreme  court  at  chambers,  and 
perform  all  such  duties,  and  do  all  such  acts,  as  might  have 
been  done  or  performed  by  the  laws  in  force  on  the 
twelfth  of  May,  one  thousand  eight  hundred  and  forty- 
seven,  by  the  judges  of  the  court  of  common  pleas,  or  by 
any  one  or  more  of  them  at  chambers,  or  otherwise,  when 
not  holding  court,  or  by  any  such  judge  being  of  the  de- 
gree of  counsellor  of  the  supreme  court,  and  acting  as  a 
supreme  court  commissioner. 

police  justice,       §  27.  There  shall  be  elected  in  the  city  of  Brooklyn,  at 
how  elected.     ^Q  ne^  charter  election  to  be  held  in  said  city,  and  every 
four  years  thereafter,  a  justice  of  the  peace,  who  shall  be 


*  As  amended.    Laws  of  1850,  Chap.  102. 


189 


denominated  "the  police  justice,"  and  shall  hold  his  office 
for  four  years,  from  the  first  clay  of  May  next  after  his 
election. 

[§  28.  The  said  police  justice  shall  not  have  nor  exercise  Police  justice, 
any  civil  jurisdiction,  except  in  suits,  actions  or  proceed- 
ings, which  may  be  brought  on  any  of  the  ordinances,  by- 
laws, or  regulations  of  the  city  of  Brooklyn,  or  of  the 
board  of  health  of  said  city,  where  the  penalty  shall  not 
exceed  the  sum  of  two  hundred  and  fifty  dollars ;  in  all  of 
which  cases,  the  said  police  justice  and  each  of  the  justices 
elected  under  the  said  act,  shall  have,  possess,  and  exer- 
cise jurisdiction. 

K29.  Warrants  and  other  process  may  be  issued  in  Jurisdiction  in 
.  r  J  >      criminal  cases. 

criminal  cases,  by  the  justices  of  the  peace  and  the  police 
justice  who  were  or  who  may  hereafter  be  elected  or  ap- 
pointed under  and  by  virtue  of  said  act,  and  they  shall 
have  jurisdiction  in  criminal  cases  over  all  persons  arrest- 
ed or  charged  with  any  offence  within  said  county  of 
Kings  ;  and  in  such  cases  shall  each  possess  all  the  juris- 
diction, powers  and  authority  of  justices  of  the  peace  of 
the  county  of  Kings,  and  shall  have  power  to  hear  all 
complaints  and  conduct  all  examinations  in  criminal 
cases. 

[§  30.  Whenever  any  person  shall  be  arrested,  examin- Fees 
ed,  or  committed  on  any  criminal  charge,  and  brought  be- 
fore either  of  said  justices  or  the  police  justice,  and  the 
case  be  of  such  nature  that  the  said  justices  or  the  police 
justice  has  jurisdiction  thereof  under  this  amended  act,  or 
any  other  law  of  this  state,  he  shall  charge  and  receive  the 
same  fees  for  such  services,  as  are  allowed  by  statute  to 
justices  of  the  peace  in  towns;  not  for  his  own  use,  but  for 
the  use  of  the  city  of  Brooklyn. 

[§31.  It  shall  be  the  duty  of  the  police  justice  and  each  0fficc- 
of  the  justices  elected  under  said  act,  to  keep  an  office  in 


190 


such  place  in  said  city,  as  the  common  council  of  said  city 
shall  from  time  to  time  designate  and  provide  for  that  pur 
pose.  He  shall  attend  to  all  complaints  of  a  criminal  na- 
ture which  may  be  brought  before  him,  at  all  reasonable 
hours. 

Fee&  [§  32.  Neither  the  said  police  justice  nor  any  of  the  jus- 

tices elected  under  the  said  act,  shall  be  entitled  to  charge 
or  receive  for  his  own  use,  any  fee  or  reward  whatever, 
for  any  service  in  any  case,  suit  or  proceeding,  whether 
civil  or  criminal,  (except  such  fees  as  they  or  either  of  them 
may  be  entitled  to  under  proceedings  instituted  before 
them  or  either  of  them  in  cases  arising  in  said  city,  under 
article  two,  title  ten,  chapter  eight  of  part  third  of  the  Revised 
Statutes-,)  but  they  and  each  of  them  shall  pay  over  to  the 
officer  designated  by  the  common  council,  once  in  each 
month,  all  such  fees  and  charges  (except  as  aforesaid,)  and 
all  fines,  fees,  and  penalties,  and  money  collected  or  re- 
ceived by  them  or  either  of  them,  under  and  by  virtue  of 
their  office ;  and  shall  render  to  the  said  common  council, 
a  monthly  account,  under  oath,  of  all  fees,  fines,  penalties, 
and  money  collected  or  received  by  them,  or  either  of 
them,  or  which  may  remain  unpaid  and  uncollected  ;  and 

salary.  in  lieu  of  all  fees  and  perquisites  whatever,  and  in  full 

compensation  for  all  their  services  as  such  justices,  they 
shall  each  be  entitled  to  receive  an  annual  salary  of  eigh- 
teen hundred  dollars,  papable  monthly  by  the  common 
council.]* 

special  sessions.  g  33^  Either  of  the  said  justices  or  the  police  justice, 
shall  have  power  to  hold  a  court  of  special  sessions  alone, 
and  shall  have  jurisdiction  also,  other  than  that  heretofore 
given  them,  to  try  any  person  arrested  in  said  count}^  who 
may  be  brought  before  them  or  either  of  them,  charged 
with  an  affray,  riot,  malicious  mischief,  or  cruelty  to  any 


*  As  amended.    Laws  of  1850,  Chap.  102;  and  Laws  of  1855,  Chap.  514 


191 


animal,  committed  within  said  county ;  and  in  all  cases 
which  are  triable  in  such  court  of  special  sessions,  the  par- 
ty accused  shall  not  be  required  to  give  bail  to  appear  at 
any  other  court  of  criminal  jurisdiction,  unless  the  city 
judge  of  said  city,  the  county  judge  of  said  county,  or  a 
justice  of  the  supreme  court,  shall  certify  that  the  charge  is 
one  that  ought  to  be  tried  in  some  other  criminal  court ; 
and  the  said  justices,  except  the  police  justice,  shall  have 
the  like  jurisdiction  in  all  civil  cases  as  is  now  exercised 
by  the  justices  of  the  peace  of  the  towns  in  this  state,  in 
addition  to  the  power  and  jurisdiction  given  them  under 
the  said  act  hereby  amended;  and  no  justice  of  the  peace, 
other  than  the  police  justice  and  the  justices  elected  in  the 
city  of  Brooklyn,  shall  have  or  exercise  any  civil  or  crimi- 
nal jurisdiction  in  said  city.]* 

[§  34.  The  common  council  of  the  city  of  Brooklyn  cierks. 
may  nominate  and  appoint,  if  they  may  deem  necessary, 
a  clerk  for  the  police  justice,  and  also  one  clerk  for  each  of 
the  other  justices,  and  may  by  ordinance  or  otherwise  fix 
and  regulate  the  duties  of  such  clerk  or  clerks.  The  said 
clerk  or  clerks  shall  each  be  entitled  to  receive  an  annu- 
al salary  of  eight  hundred  and  fifty  dollars,  to  be 
paid  monthly  by  the  common  council.  They  may 
designate  a  policeman,  marshal,  or  constable  to  attend 
upon  each  of  the  said  courts,  and  may  by  ordinance  or 
otherwise  fix  and  define  his  duties  in  and  about  said  courts, 
and  allow  each  of  them  so  designated,  such  compensation  salaries, 
(in  lieu  of  all  fees  and  perquisites  whatever,)  as  they  shall 
deem  proper.]  f 

§  35.  The  common  council  of  the  city  of  Brooklyn  are  city  to  be  divi- 
hereby  authorized  from  time  to  time  to  divide  the  said  citv 

districts,  and 

into  two  or  more  districts,  for  each  of  which  districts  shalleieSei 


*  As  amended.   Laws  of  1850,  Chap.  102. 

f  As  amended.   Laws  of  1S50,  Chap.  102;  and  Laws  of  1855,  Chap.  514. 


192 


Civil  jurisdic- 
tion. 


be  elected,  by  the  electors  of  said  city,  at  the  next  charter 
election  to  be  held  in  said  city,  and  every  four  years  there- 
after, a  justice  of  the  peace,  who  shall  hold  his  office  for 
the  term  of  four  years,  from  the  first  day  of  May  next 
thereafter,  and  who  shall  have  the  same  jurisdiction  in 
said  city  that  justices  of  towns  have  by  law  in  respect  to 
the  towns  for  which  they  have  been  elected,  except  as  here" 
inbefore  restricted ;  and  they  shall  be  deemed  justices  of 
the  peace  of  the  county  of  Kings.  They  shall  also  have 
jurisdiction  in  all  cases  arising  within  said  city,  under 
article  two,  title  ten,  chapter  eight  of  part  third  of  the  Re- 
vised Statutes,  to  the  same  extent  as  assistant  justices  in 
the  city  of  New  York  now  have. 

[§  36.  The  said  justices  of  the  peace  exercising  civil  ju- 
risdiction, shall  be  entitled  to  receive  the  same  fees,  for  the 
use  of  the  city  of  Brooklyn,  as  were  allowed  for  simi- 
lar services  in  the  late  municipal  court  of  the  city  of  Brook- 
lyn, and  otherwise  shall  be  subject  to  the  statutory  provi- 
sions of  the  state  of  New  York  in  relation  to  civil  causes 
before  justices  of  the  peace  ;  and  appeals  from  their  judg- 
ments in  such  casues,  shall  be  made  to  the  county  court  of 
the  county  of  Kings,  in  the  same  manner  as  appeals  from 
Transcripts  a  justices' courts  in  towns.  Transcripts  of  judgments  ren- 
estate.  dered  by  said  justices,  or  either  of  them,  shall  be  a  lien 

upon  real  estate,  in  the  same  manner  as  transcripts  of 
judgments  of  justices  of  the  peace  elected  in  the  towns  of 
this  state,  upon  being  filed,  entered  and  docketed  in  the 
office  of  the  clerk  of  Kings  county,  as  required  by  statute  ; 
and  execution  may  issue  thereon,  and  be  cancelled  and 
discharged  in  the  like  manner.]* 

Provision  in        §  37.  In  case  the  office,  either  of  the  city  judge,  the  po- 

case  of  vacancy.  ,     °         .  .  '  J  J.    °  ;  1 

lice  justice,  or  any  justice  of  the  peace  of  said  city,  shall 


*  As  amended.    Laws  of  1850,  Chap.  102. 


193 


become  vacant  before  the  expiration  of  the  regular  term 
for  which  he  was  elected,  the  vacancy  may  be  filled  by 
appointment  by  the  common  council  of  said  city,  until  it 
shall  be  supplied  at  the  next  charter  election  to  be  held  in 
said  city,  when  it  shall  be  filled  by  election  for  the  residue 
of  the  unexpired  term. 

§  38.  All  acts  and  parts  of  acts  which  relate  to  the  or-1^'- 
ganization  of  the  municipal  court  of  said  city  of  Brooklyn, 
the  proceedings  therein,  and  the  jurisdiction  and  powers 
of  the  justices  thereof,  are  hereby  repealed.  But  all  pro- 
ceedings, either  of  a  civil  or  criminal  nature,  which  may 
be  pending  in  said  municipal  court,  or  before  either  of  the 
justices  thereof,  when  this  act  takes  effect,  shall  be  contin- 
ued before  the  police  justice  to  be  elected  by  virtue  of  this 
act,  who  shall  have  jurisdiction  thereof,  and  possess  all  the 
powers  and  jurisdiction  which  the  said  municipal  court  or 
the  justices  thereof  now  have  in  relation  thereto. 

§  39.  This  act  shall  take  effect  on  the  first  day  of  May, 
one  thousand  eight  hundred  and  forty-nine,  except  sections 
one,  twenty-seven,  and  thirty-five,  which  shall  take  effect 
immediately. 

[§  No  fees  shall  be  allowed  or  paid  to  any  police-  S.ofpolice" 
man,  marshal,  or  constable,  on  the  arrest,  trial  or  examin- 
ation of  any  person  upon  a  criminal  charge,  except  such, 
fees  as  shall  be  certified  by  the  said  justices  or  either  of 
them,  before  whom  such  person  shall  have  been  tried  or 
examined,  to  be  reasonable  and  proper ;  nor  unless  such 
justice  or  justices  shall  also  certify  that  such  arrest  was 
also  reasonable  and  proper  ;  nor  until  his  bill  shall  have 
been  presented  to  the  judge  of  the  city  court  of  Brooklyn,  to- 
gether with  the  certificate  of  the  police  or  other  justice  as 
above  required,  and  the  same  shall  have  been  examined 
into,  signed  and  certified  by  the  said  judge  as  correct. 
The  said  judge  shall  fix  upon  one  day  in  each  month,  on 


194: 


which  he  will  examine  the  said  "bills;  and  he  is  hereby 
authorized  to  strike  out  and  deduct  therefrom,  any  and  all 
charges  which  he  shall  deem  improper  or  incorrect  in  any 
respect,  and  tax  and  certify  the  amount  which  he  thinks 
proper  to  be  paid  on  said  bills ;  his  taxation  and  certificate 
shall  be  final  and  conclusive,  and  the  common  council 
shall  thereupon  pay  all  such  bills  and  fees  as  are  properly 
chargeable  to  the  city,  and  tlie  county  treasurer  shall  pay 
all  such  as  are  properly  chargeable  to  the  county.]* 

[§  Said  act  is  hereby  extended  to  the  city  of  Brooklyn, 
as  incorporated  by  an  act  entitled  "An  Act  to  incorporate 
the  cities  of  Brooklyn  and  Williamsburgh,  and  the  town 
of  Bushwick,  into  one  municipal  government,  and  to  in- 
corporate the  same,"  passed  April  seventeenth,  eighteen 
hundred  and  fifty-four.] f 


AN  ACT 

IN  RELATION  TO  COURTS  IN  KINGS  COUNTY. 


PASSED  APRIL  15,  1852. 


The  People  of  the  State  of  New  York,  represented  in  Senate 
and  Assembly,  do  enact  as  follows : 

city.iud?e?po-^     Section  1.  The  city  judge,  j>olice  justice  and  justices 
justices  of  the    of  the  peace  of  the  city  of  Brooklyn,  shall  be  elected  at 
the  next  general  election,  preceding  the   expiration  of 
their  respective  terms  of  office,  such  terms  to  commence  on 
the  first  day  of  May  thereafter  ;  that  of  the  city  judge,  to 


*  A  new  Section, 
f  A  new  Section. 


Laws  of  1850,  Chap.  102,  §  19. 
Laws  of  1855,  Chap.  514. 


195 


continue  for  six  years,  and  each  of  said  justices  for  four 
years,  from  such  first  day  of  May. 

§  2.  Whenever,  in  the  opinion  of  the  county  judge  of  2'ahnethTrty-six 
Kings  county,  more  than  thirty-six  petit  jurors  shall  be  re-  Secesla^8  are 
quired  to  attend  any  court  of  sessions  to  be  held  in  and  for 
said  county,  he  may,  by  an  order  under  his  hand,  direct 
such  additional  number  to  be  drawn  as  he  shall  deem  ne- 
cessary, not  exceeding  thirty -six. 

§  3.  Such  order  shall  be  served  on  the  clerk  of  Kings  SSSaffi^ 
count}-,  and  shall  thereupon,  at  the  usual  place  of  drawing,  county  de?k. 
in  connection  with  the  officers  now  designated  by  law,  pro- 
ceed to  draw  such  additional  jurors. 

§4.  The  said  county  judge  shall,  in  his  order  for  ad- ^"3^^ 
ditional  jurors,  specify  the  time  and  place  when  and  where sp^mt^™ 
they  shall  be  drawn. 

§  5.  All  acts  and  parts  of  acts  inconsistent  with  this  act,  Repeal, 
are  hereby  repealed. 

§  6.  This  act  shall  take  effect  immediately. 


ELECTIONS. 


AN  ACT 

TO  PKOVIDE  A  MORE   CERTAIN   CANVASS   AND  ESTIMATE 
OF  VOTES  AT  EACH  ELECTION  IN  THE  CITIES 
OF  NEW  YORK   AND  BROOKLYN. 


PASSED  APEIL  7,  1S57 — THKEE-FIFTHS  BEING  PKESENT. 


The  People  of  the  State  of  New  York,  represented  in  Senate 
and,  Assembly,  do  enact  as  follows: 

Section  1.  There  shall  be  elected  three  district  canvas- 
sers at  every  general  election  in  the  cities  of  New  York 
and  Brooklyn,  in  each  election  district  therein,  concur- 
rently with  and  in  addition  to,  and  in  the  same  man- 
ner as  inspectors  of  election  are  now  elected,  and  nnder 
the  same  regulations  and  provisions,  and  vacancies  in  the 
office  of  district  canvasser  shall  be  filled ;  and  for  the  elec- 
tion in  said  cities  next  ensuing  the  passage  of  this  act, 
the  common  councils  of  the  said  cities  shall  by  joint  reso- 
lution, before  the  third  Tuesday  in  October  next,  appoint 
in  each  election  district  the  said  three  district  canvas- 
sers. 

§  2.  It  is  hereby  made  the  dnty  of  each  district  canvas- 
ser so  elected  or  appointed,  to  attend  at  least  thirty 
minutes  before  the  closing  of  the  poll  in  each  election  dis- 
trict, at  the  place  of  holding  the  poll,  and  for  the  district 
for  which  he  has  been  elected  or  appointed,  and  the  three 
district  canvassers,  or  if  only  two  attend,  then  the  said 


197 


two  attending  shall  with  one  of  the  inspectors,  to  be  by 
them  designated,  then  organize  themselves  as  a  board  for 
the  purpose  of  canvassing  and  estimating  .the  votes,  and 
shall  choose  one  of  their  number  as  chairman,  but  shall 
have  no  clerk. 

§  3.  If  only  one  canvasser  present  himself  at  the  closing 
of  the  poll,  he  shall,  in  connection  with  the  inspectors  of 
election,  immediately  fill  the  vacancies  by  choosing  two 
competent  persons  who  are  citizens,  and  who  shall  be 
sworn  by  the  chairman  of  the  board  that  they  are  such 
citizens,  and  that  they  will  faithfully  canvass,  estimate  and 
state  the  result  of  the  votes. 

§  4.  If  none  of  the  duly  appointed  canvassers  shall  pre- 
sent themselves  at  the  closing  of  the  poll,  then  it  shall  be 
the  duty  of  the  inspectors  of  election  to  appoint  three  com- 
petent persons  who  are  citizens,  and  who  shall  be  sworn 
by  the  chairman  of  the  board  of  inspectors  as  herein  above 
provided.  When  the  board  of  district  canvassers  at  the 
closing  of  the  polls  shall  be  organized  as  aforesaid,  the 
board  of  inspectors  conducting  the  election,  shall  deliver 
the  ballot  boxes  and  the  poll  lists  to  the  said  board  of  dis- 
trict canvassers,  and  the  board  of  inspectors  shall  there- 
upon be  dissolved.  The  board  of  district  canvassers  shall 
then  immediately  without  any  adjournment  or  recess,  and 
at  the  place  of  the  poll,  publicly  proceed  to  canvass  and 
estimate  the  votes,  in  the  manner  and  with  the  powers  and 
duties  now  prescribed  for  and  enjoined  upon  the  inspec- 
tors of  election.  All  the  provisions  of  law  now*  in- 
spectors, shall  be  made  applicable  to  the  powers,  acts  and 
duties  of  the  said  district  canvassers ;  and  all  other  per- 
sons are  prohibited  from  engaging  in  and  assisting  in  the 
canvass  and  estimate  of  votes  as  aforesaid,  except  the  poll 
clerks  of  each  district,  whose  it  shall  be  to  afford  and 
render  services  as  clerks  as  the  district  canvassers  shall  re- 


*  So  in  the  original. 


198 


quire.  All  persons,  inspectors  and  district  canvassers  of- 
fending against  tins  last  provision  shall  be  deemed  guilty 
of  a  misdemeanor. 

§  5.  The  required  statement  and  copy  thereof  of  the  re- 
sult of  the  canvass,  shall  be  made  and  subscribed  in  pub- 
lic without  adjournment  or  recess,  at  the  place  of  election 
and  canvass ;  and  when  they  arc  so  completed,  ready  for 
filing  and  delivery,  shall  be  then  and  there  forthwith  en- 
closed in  strong  wrapper  and  properly  sealed  and  counter- 
signed across  the  seal  by  the  signature  of  each  district  can- 
vasser, and  the  same  shall  thereupon  be  kept  sealed  and 
shall  not  be  opened  until  the  same  arc  produced  before 
the  board  of  ward,  city  or  county  canvassers,  when  they 
shall  be  open  for  the  canvassing  of  the  returns.  When- 
ever any  inspector  of  election  of  either  board  of  inspectors, 
or  any  poll  clerk,  shall  be  a  candidate  for  any  office  what- 
ever, except  for  inspector  or  canvasser  of  election,  at  any 
election,  his  office  as  inspector  or  as  poll  clerk  shall  im- 
mediately become  vacant,  unless  he  shall  publicly  have 
refused,  within  three  days  before  the  day  of  election,  to  be 
a  candidate. 

§  6.  The  clerks  of  the  board  of  aldermen  in  said  cities, 
shall  between  the  third  Tuesday  of  October,  in  each  year, 
and  the  Tuesday  preceding  the  election,  notify  every  in- 
spector and  district  canvasser  to  attend  on  any  day  before 
the  day  of  holding  the  election,  at  the  office  of  the  county 
clerk,  to  take  and  subscribe  the  oath  prescribed  by  the 
constitution.  It  shall  be  the  duty  of  said  clerks  of  the 
county  to  provide  each  election  poll  in  the  said  cities  with 
proper  paper,  blanks,  stationery,  sealing-wax  and  lights  at 
the  expense  of  the  county,  for  the  use  of  the  inspectors  and 
district  canvassers. 

§  7.  The  compensation  of  each  inspector  of  election  and 
of  each  district  canvasser,  shall  be  five  dollars  to  each  for 


199 


his  services  at  the  election,  which  compensation  shall  be 
paid  by  the  comptroller  of  the  said  cities,  on  the  voucher  for 
the  service.  But  no  payment  shall  be  made  to  any  in- 
spector or  district  canvasser  who  shall  not  have  taken  and 
subscribed  the  oath  or  affirmation  referred  to  in  the  pre- 
ceding section. 

§  8.  The  acting  of  any  inspector  or  district  canvasser 
elected  or  appointed  before  the  day  of  election,  without 
his  having  taken  or  subscribed  the  oath  or  affirmation  re- 
ferred to  aforesaid,  shall  be  deemed  to  be  and  punished  as 
a  misdemeanor. 

§  9.  It  shall  be  the  duty  of  the  said  board  of  district 
canvassers  to  fully  complete  the  estimate  of  the  votes  in 
each  box  in  the  order  prescribed  by  law,  and  to  make  pro- 
clamation of  the  result,  and  to  complete  the  returns  and 
certificates  of  the  votes  of  the  said  box,  in  the  manner  pre- 
scribed by  this  act,  before  proceeding  to  the  estimate  and 
canvass  of  the  box  or  boxes  to  be  next  thereafter  can- 
vassed. 

§  10.  The  names  of  inspectors  of  election  and  of  district 
canvassers  voted  for  at  any  election,  shall  be  upon  one 
ballot.  The  names  of  the  persons  to  be  voted  for  inspec- 
tors shall  follow  the  proper  designation  of  the  office  of  in- 
spectors to  be  filled ;  and  next  thereafter  shall  follow  the 
names  of  the  persons  to  be  voted  for  district  canvassers, 
and  the  said  ballot  shall  be  endorsed  inspectors  of  election 
and  district  canvassers,  with  the  designation  of  the  proper 
election  district  added. 


LIST  OF  ACTS 


OF  THE    LEGISLATURE    PRIOR    TO    THE  CONSOLIDATION, 
INCLUDING  THE  MORE  IMPORTANT  INCORPORA- 
TIONS IN  OR  AFFECTING  THE  CITY. 


BROOKLYN. 

Where  to  be  found.  Page. 

1788.    For  the  extinguishment  of  fires  in,  2  Greenl.  190 

1795.                Ibid,                             3  Greenl  193 

1797.  For  the  prevention  of  fires  and  assize 

of  bread  in,       .       .       .             u  405 

1798.  Eelative  to  records  of  town  of,        Andrews.  254 
1801.    To  vest  certain  powers  in  the  free- 
holders,       ....        2  W.  223 

1805.  Amendment,    .      .       .            4  W.  &  &  57 

1806.  Regulating  the  keeping  of  gun- 

powder in,  357 

1806.    House  of  correction  in,  ..."  396 

1806.  Tavern  keepers  in,  &c,      .       .    .  442 

1807.  Relative  to,  ...  5  W.  &  S.  6 
1807.    Bounds  of  fire  district  in,         .       .    "  120 

1809.  To  incorporate  the  Brooklyn,  Jamai- 

ca, and  Flatbush  Turnpike  Co.,  Statutes.  83 

1823.    Amendment,       ....         "  135 

1810.  Rates  of  ferriage  from  New  York  to 

Nassau  Island,       ...       6  W.  16 

1812.  Additional  number  of  firemen  in,  6  W.  &  S.  490 
1812.    Size  of  rowboat  barges  at  N.  Y.  and 

Long  Island  ferry,    ...     6  W.  490 

1820.    Relative  to  gunpowder  in,    .       .    Statutes.  180 

1816.    To  incorporate  the  village  of,       .         "  90 


201 


1822. 

Where 

To  regulate  the  ferries  between  N. 

to  be  found. 

Page. 

Y.  and  Long  Island,       .  Statutes. 

256 

1823. 

To  incorporate  the  firemen  of  the  vil- 

lage  oi,  .... 

(i 

200 

1824. 

Amending  charter  of  village  of, 

it 

224 

1824. 

Apprentices'  Library  Association  m- 

i~* (\ tm  ini'ii fori 
KjVL  pUI  ctlt  LI, 

it 

343 

1824. 

-LVolctUl V  U  L(J  L) (J til  LI  Ul  ULtlllll  111,  . 

a 

241 

1825. 

±{j  mcoiporaie  vv  niie  ±jeau.  ^onipaiiy, 

a 

271 

1825. 

JA-oltl  11 V  L>  LU  pUUl -ilULLoLi  111,            .  . 

it 

233 

1825. 

To  incorporate  Gas  Light  Company, 

tt 

303 

1852. 

Amendment,         .  ... 

ti 

9 

1826. 

Kelative  to  village  of, 

tt 

87 

1826. 

Supervisor  of,  to  convey  certain  land, 

it 

294 

1827. 

To  reduce  the  several  acts  relating 

to,  into  one,  .... 

it 

127 

1827. 

To  incorporate  the  Brooklyn  Savings 

Bank, 

it 

170 

1827. 

Fees  of  justices  and  constables  in, 

tt 

355 

1827. 

Quarantine  regulations  in,    .     Stat.  2d  jSess. 

295 

1827. 

Provision  for  the  payment  of  a  cer- 

tain assessment  in,       .       .  Statutes. 

7 

1828. 

Kelative  to  wharfage  in, 

n 

248 

1828. 

Kelative  to  storing  gunpowder  in, 

tt 

407 

1828. 

Relative  to  public  burial  grounds  in, 

it 

454 

1829. 

To  provide  for  the  establishment  of 

a  court  house  in, 

it 

355 

1829. 

For  the  prevention  of  masquerades  in, 

u 

401 

1829. 

Gauge  of  beer  casks  in, 

u 

555 

1830. 

Concerning  the  collection  of  taxes  in, 

"  19.108 

1830. 

Kelative  to  Municipal  Court  in,    .  . 

K 

82 

1845. 

Ibid, 

a 

260 

1848. 

Ibid, 

it 

298 

1830. 

Kelative  to  penitentiary  in,  . 

it 

237 

1831. 

Relative  to  the  village  of, 

n 

343 

14 


202 


Where  to  bo  found.  Tnge. 


1  £3  1 

lOOi. 

Kclative  to  the  firemen  in,     .  Statutes. 

408 

1833. 

Tliiip  for  Pol  1 1  *Pl  1 1 1  < »'  t'l  \'(N  11)  P\"tpn<]p<l 

a 

3 
u 

1  839 

To   liipomornfp   "RtookIvti    and  .Ta- 

JL  V/       i  1 1 V  Vy  i   1  /V_/l  tl  Lv       JL-/  J.  vvlv  1  y  11       (.11 1V.L  t/tt 

maioa  Rail  "Road  Comnanv 

JlllilV^tl     11(111     JH-VyCiV-L     V/V/XUL/UU  1   ■            •  •  • 

(( 

1833 

Supreme  Court  Commissioner  in, 

ft 

18Q 

XOd 

1833. 

To  incorporate  the  Brooklyn  and 

Gowanus  Toll  Bridge  Company, 

tt 

433 

1833 

.^nloc:  of   nir'tinn  in 

OcllCo  clL    illlCllUUI  XJLJL,  ... 

a 

277 

IOOO. 

1  nn  vt  TTr\noo  nnn   Tml  in 

vUUl  L  JLLUUfeO  clllLl  cfclll  111,             .  . 

u 

308 

O  vO 

loOO. 

"Rplitivp  tn  tllP  VlllflCTP  of 

-Lil^lcl  LI  \  \j    L \J    LXJC    >  llltl^O   yjlj         .  . 

u 

40  Q 

lOOi. 

To  mpniTinrito  tlip  T.ono*  T^lnnd  "R nil 

JLKJ  ILLK^KJl  ^>\Jl  d LO    LJLLC   -LiVJ  JJ  q   JLOlcllIU.  JLlllll 

Tfnnn  (^oTiTnfmv 

XlVJuLl    VyVyJLLLLSCIiJLi y ,                •                •  . 

u 

931 
Lo  1 

1  834 

To  1 1") povnovi to  tnp  "Rt'OOicI  vn  T/vppniYi 

JL  v  iilC^I  JyUi  clLC    LJJ.O  XJ±\jyjl\±j  i-1  J-JJ/ C  C  U.111, 

it 

434 

1  83 

A  mpiirlmpnt 

n 

944 

18.34 
xoo^t. 

V^UllLLI  11111^   LttJVtb  111,             .             .  . 

a 

.38 

1  ftQ4 
lOo±. 

1  Vi         nrnnrnto   +no    T?nmon  Pntlimi(i 
JL  U  111 L/Ul  IJU1  cl  l\s    liL\j    JLiUlllclll  V/i.lLl_l(J110 

WlJJilcl.il  .X2Vbyl  Uill,             .             ,  . 

it 

000 

1  QQ  i 

vylLV  Ul  111LU1  UU1  ctltAl, 

u 

no 

looo. 

_L(J  111LU1  I)L>1  cilL    Lilc  Ul  IJllcUl  -O-bjllliil 

OUL-lclVj  ... 

it 

QO 
oU 

loOl. 

.Amendment, 

tt 

Ooo 

looo. 

WUlllllllbblUilt;!  b     IL>     (JcilOllll  LcllJU. 

dntips  m 

U.U.llvkJ             1  * 

it 

93 

183^ 

Piers  and  Docks  in, 

n 

fi4  02 

1835 

_£A_111C11VU.111C11  L  \J±    VylLV    v/JLltll  LCI,        .  • 

it 

124 

1  83^ 
1000. 

Streets,  Avenues,  and  Scjuares  to  be 

laid  out  in, 

a 

1  3fi 

1 83^ 
±ooo. 

United  States  Naval  Lyceum  in,  . 

it 

907 

1 835 

Kelative    to   the  "Wallabout  and 

m      Brooklyn  Toll  Bridge  Company, 

ti 

209 

1835. 

Privileges  of  firemen  of, 

a 

283 

1836. 

0.  Jackson,  authorized  to  erect  docks 

in,  

it 

25 

1836. 

Charter  of  city  amended, 

tt 

101 

203 


Where  to  be  found.  Page. 

1836.    Kelative  to  Common  Schools  in,      Statutes.  136 

1843.  Ibid,  "  39 

1844.  Ibid,  "  514 

1845.  Ibid,  «  327 
1848.  Ibid,  "  14 
1848.  Ibid,  "  298 
1850.  Ibid,  "  237 
1836.    Eelative  to  the  Brooklyn  and  Go- 

wamis  Toll  Bridge  Company,  "  334 
1836.    To  authorize  lease  of  Brooklyn  and 
Jamaica    E.  E.   Co.  to  Long 

Island  E.  E.  Co.,         .        .  "  136 
1836.    To  provide  for  a  Eail  Eoad  to  Coney 

Island,        .       ..."  444 
1836.    Assessment  rolls  in,  "  155 
1836.    Henry  Patchin  and  others,  authori- 
zed to  erect  docks  in,       .       .  "  739 

1836.  Commissioners  to  perform  certain 

dnties  in,        .       .       .       .  "  782 

1837.  Time  extended  for  collection  of  tax- 

es in  certain  wards  of,       .  li  8 

1847.  Ibid,  "  19 
1837.    Canal  from  East  Eiver  to  Gowanus 

Bay,   V  275 

1837.    Eelative  to  Streets,  Avenues,  and 

Squares  in,       .       .       .  "  75 

1837.    Eelative  to  School  District,       .       .  "  120 

1837.    Charter  of  city  of,  amended,        .  "  277 

1837.  To  authorize  B.  and  Jamaica  E.  E. 

Co.  to  alter  route,        .         .  "  414 

1838.  Concerning  Charter  Elections  in,  "  75 
1838.    Eelative  to  the  city  of,  "  119 

1844.  Ibid,  u  305 

1845.  Ibid,  "  82 
1845.                Ibid,  M  435 


204 


Where  to  be  found. 

Page. 

1846. 

Eelativc  to  the  city  of,       .       .  Statutes. 

250 

1849. 

Ibid, 

a 

37 

1850. 

Ibid, 

(f 

242 

1838. 

To  incorporate  the  Greenwood  Cem- 

etery,   

u 

297 

1839. 

Amendment,  .... 

131 

1846. 

Amendment,  

469 

1850. 

Amendment,  .... 

ti 

318 

1838. 

To  incorporate  the  WaUaboiit  Canal 

Company,  .... 

u 

324 

1838. 

Relative  to  Streets,  Avenues,  &c,  in, 

11 

121 

1838. 

Return  of  Collectors'  Warrants  in,  &c, 

11 

175 

1838. 

Relative  to  firemen  in, 

u 

276 

1839. 

Extension  of  time  for  collection  of 

taxes  in,        .       .  . 

( ( 

3 

1839. 

In  relation  to  taxes  in, 

it 

324 

1839. 

Proceedings,  Maps,  &c,  of  Commis- 

sioners confirmed, 

a 

36 

1839. 

Collectors,  how  elected, 

a 

89 

1840. 

Major  to  be  elected  by  the  people, 

17 

1840. 

Relative  to  "Ward  lines  in, 

(( 

69 

1840. 

Relative  to  measurer,  weighmasters, 

and  harbor  masters  in,  . 

<  i 

291 

1840. 

To  incorporate  the  Atlantic  Dock 

Company,  .... 

1 1 

164 

1841. 

Relative  to  the  collection  of  taxes  in, 

u 

125 

1843. 

Ibid, 

a 

229 

1848. 

Ibid, 

i  i 

29 

1848. 

Ibid, 

482 

1841. 

Further  to  amend  the  charter  of; 

n 

250 

1841. 

Concerning  docks  and  wharves  in, 

a 

253 

1841. 

Elections  in,  &c, 

a 

289 

1841. 

To  incorporate  the  Brooklyn  Natu- 

ral History  Society, 

u 

31 

205 


1842. 

Where  to  be  found. 

Official   acts  of  Commissioners  of 

Page. 

Deeds  in,  confirmed,       .       .  Statutes. 

236 

1842. 

To  incorporate  the  Hamilton  Liter- 

ary Association, 

ti 

89 

1842. 

JN umber  ot  Commissioners  ot  Deeds 

m,  limited,  .... 

236 

1848. 

Confirming  appointment  oi  Commis- 

sioners  oi  Deeds, 

358 

1843. 

To  extend  charter  oi  Brooklyn  Ap- 

prentices  Library  Association, 

( ( 

110 

1843. 

Common  Council  not  to  be  interest- 

ed in  contracts, 

LL 

36 

1843. 

CI               "IT")                                      "        1    x  x 

bamuel  Bourne  authorized  to  erect 

wharves,  docks,  and  piers  in,  . 

il 

342 

1844. 

For  the  security  of  mechanics  and 

others,  . 

ii 

451 

1845. 

To  incorporate  the  Brooklyn  Benev- 

olent Society, 

a 

167 

1846. 

Amendment,  .... 

a 

469 

1845. 

To  establish  and  regulate  ferries  be- 

o 

tween  N  Y  and  L.  I. 

422 

1845. 

To  incorporate  the  Brooklyn  City 

Hospital,  .... 

153 

1845. 

To  incorporate  the  Brooklyn  1  emale 

Academy,  .... 

(4 

143 

1845. 

Relative  to  city — extension  of  Kent 

avenue,  . 

82 

1846. 

Amendment,    .  ... 

250 

1845. 

lo  change  locality  oi  Washington 

Park,  

i 1 

76 

1847. 

Opening  Washington  Park, 

it 

135 

1848. 

Relating  to  Washington  Park, 

a 

200 

1846. 

Relative  to  Bedford  Road, 

a 

30 

1846. 

Relative  to  Carl  street, 

tt 

31 

1846. 

In  relation  to  the  city  and  the  B.  and 

Jamaica  R.  R,  Co., 

u 

441 

206 


Where  to  be  found.  Page. 


1846.  Concerning  Quarantine,       .  Statutes.  395 

1846.  Authorizing  loan  for  erecting  City 

Hall,  "  180 

1849.  Ibid,  "  124 

1850.  Ibid,  "  28 

1846.  To  alter  commissioners'  map  of,  "  310 

1847.  Ibid,  "  94 

1848.  Ibid,  "  274 

1849.  Ibid,                               '  "  451 

1850.  Ibid,  "  373 

1850.  Ibid,  "  797 

1851.  Ibid,  "  44 

1851.  Ibid,  "  734 

1852.  Ibid,  "  28 

1853.  Ibid,  "  729 

1854.  Ibid,  "  807 


1846.  Relating  to  Flushing  avenue,        .       "  345 

1847.  Eelating  to  Hamilton  street,     .       .     lt  180 
1847.    Daniel  Richards  and  others  author- 
ized to  build  docks,  &c.    .    .     .    "  194 

1847.    W.  H.  Imlay  and  others  authorized 

to  erect  piers,  &c.        .        .        "  300 

1847.  Providing  for  a  convention  to  revise 

city  laws,  271 

1848.  Amendment,       ....         "  30 
1848.    Mayor  and  Common  Council  author- 
ized to  create  a  loan  for  certain 

purposes,       ....        "  4 

1848.  Authorizing  owners  of  real  estate  to 

construct  bulkheads  and  wharves,     "  266 
1850.    Amendment,       ....        "  680 

1849.  Authorizing  construction  of  canal 

in,  for  drainage,  .        .        "  112 

1849.    To  establish  a  court  of  civil  and  crim- 
inal jurisdiction,         .        .        "  170 


207 


Where  to  be  found.  Page. 

1850. 

Amendment, 

Statutes. 

148 

1849. 

Authorizing  the  erection  of  posts  for 

lighting  city  with  gas, 

it 

298 

1849. 

Docks  and  wharves  may  be  erected 

in  7th  ward, 

(i 

320 

1849. 

To  improve  road  from  Gravesend, 

a 

428 

1849. 

To  supply  with  water, 

tt 

469 

1849. 

Eelating  to  Navy  street, 

a 

529 

1850. 

To  provide  for  payment  of  existing 

debts,  g  

a 

26 

1850. 

Authorizing  Board  of  Education  to 

sell  a  school  lot, 

tt 

771 

1850. 

Eelative  to  the  Gas  Light  Company, 

a 

64 

1850. 

To  open  Division  avenue  and  define 

boundaries,  . 

tt 

66 

1850. 

Amendment,  .... 

it 

146 

1850. 

To  revise  the  acts  relating  to, 

it 

242 

1850. 

Act  to  divide  the  6th  and  7th  wards 
and  establish  boundaries  and  civ- 

il divisions,  .... 

a 

119 

1850. 

Amendment,  .... 

a 

146 

1851. 

Charter  amended, 

ti 

442 

1851. 

For  the  relief  of  Strong  Place  Bap- 

tist Church, 

tt 

584 

1851. 

In  relation  to  the  supervisors  of  the 

city,  

it 

10 

1851. 

Authorizing  loan  to  pay  existing  li- 

abilities, .... 

it 

19 

1851. 

Time  for  collection  of  taxes  ex- 

tended, .... 

tt 

60 

1851. 

To  authorize  William  Beard  and 

others  to  build  docks, 

it 

100 

1851. 

To  authorize  owners  on  Gowanus 

Bay  to  .build  docks, 

it 

355 

1852. 

Act  to  close  part  of  Bedford  Eoad, 

it 

41 

1852. 

ft               it                  U              H  u 

tt 

426 

208 


Where  to  be  found.  Page. 


1852. 

To  regulate  wharfage  on  lighters,  Statutes. 

402 

1852. 

Relative  to  taxes  of  1849  in  9th 

ward,       .  . 

<( 

408 

1852. 

In  relation  to  Sackett  and  Jefferson 

avenues, 

u 

408 

1852. 

Relative  to  officers  of  Brooklyn  In- 

stitute, . 

(( 

409 

1852. 

In  relation  to  streets  and  parks, 

(( 

434 

1853. 

Amendment,  .... 

a 

124 

1852. 

To  amend  charter,  . 

tt 

504 

1852. 

To  establish  fire  limits, 

a 

552 

1852. 

Grade  lines  in  7th,  8th,  and  10th 

wards,       .        .  . 

tt 

664 

1853. 

Amendment,  .... 

tt 

615 

1853. 

To  incorporate  the  Packer  Colle- 

giate Institute, 

it 

41 

1853. 

Eelative  to  Eail  Koads  on  Long  Is- 

land, ... 

(( 

425 

1853. 

To  fix  permanent  line  of  piers  for, 

it 

573 

1853. 

Tax  for  police  expenses  in  8th  and 

9  tli  wards,  .... 

tt 

593 

1853. 

To  supply  the  city  with  water, 

it 

618 

1853. 

Amendment,  .... 

tt 

361 

1853. 

Jurisdiction  vested  in  United  States, 

tt 

741 

1853. 

Amendment  to  charter, 

it 

802 

1853. 

Authorizing  Eail  Eoad  track  in  Di- 

vision avenue, 

tt 

928 

1854. 

a 

119 

1853. 

Lefferts  Park  Association  incorpora- 

ted,   

it 

1017 

1853. 

To  provide  for  consolidation  with 

Williamsburgh  and  Bushwick, 

a 

1057 

1853. 

To  provide  for  idle  and  truant  child- 

fen,       .       .       .       .    _  . 

tt 

358 

1854. 

To  provide  for  completing  Division 

avenue,  .... 

tt 

905 

209 


Where  to  be  found.  Page, 

1854.    To  borrow  money  to  build  an  ar- 
mory,      ....        Statutes.  280 

1854.    To  borrow  money  for  fire  depart- 
ment, .       .        .  "  496 

1854.    Eelative  to  Brooklyn  City  Eail  Eoad 

Company,       .       .       .  "  154 

1854.    To  continue  Flatbush  avenue  into 

Flatbush,      .  776 

1854.    To  widen  Fulton  street  from  Eed 

Hook  Lane  to  Court  street,  "  781 

1854.    Consolidation  with.  Williamsburgh 

anclBushwick,       .  829 


WILLIAMSBUBGKE. 


1824.    Williamsburgh  Ferry  Company  in 

corporatecl, 
1827.    To  incorporate  tlie  village  of,  . 
1835.  Amendment, 

1833.    To  authorize  Philip  Harmin  and  Ed 
mund  Frost  to  erect  docks, 

1835.  To  authorize  certain  persons  to  erect 

docks, 

1836.  Cells  to  be  made  to  confine  prison- 

ers, 

1837.  To  authorize  Paul  Fish  and  others 

to  erect  docks  in, 
1837.    Peck  Slip  and  Williamsburgh  Ferry 
Company  incorporated, 

1839.  Concerning  firemen, 

1842.    Amendment,  .... 

1840.  To  divide  the  town  of  Bushwick, 
1840.    Eelative  to  measurers,  weighmasters, 

and  harbor  masters. 


245 
270 


511 
123 

586 
407 

116 

275 
108 
35 

291 


210 


Where  to  bo  found.  Fage. 


1841. 

To  extend  time  to  collect  taxes,       Statutes.  5 

1844, 

To  condense  and  amend  the  acts  re- 

lating to  the  village  of, 

273 

1844. 

Common  schools  in, 

299 

1844. 

For  the  security  of  mechanics  and 

others, 

451 

1845. 

For  the  relief  of  John  Ilutchings, 

"  152 

1845. 

Lyceum  incorporated, 

226 

1845. 

To  raise  money  by  loan, 

278 

1845. 

Interment  of  the  dead  in, 

309 

1845. 

For  the  relief  of  J ames  D.  Sparkman 

and  two  others, 

331 

1846. 

Money  to  be  raised  by  tax  in  the 

town  of,  ... 

141 

1846. 

Bethel   Baptist   Church  in,  name 

changed,       .  . 

218 

1846. 

Kent  avenue  may  be  extended  to, 

250 

1846. 

Charter  of  amended, 

392 

1847. 

Trustees  of  school  district  No.  3,  in, 

may  borrow  money, 

448 

1847. 

Fire  Insurance  Company  may  fill  up 

its  stock,  .... 

"  479 

1848. 

Town  and  village  of, 

"  97.111 

1848. 

Bulkheads  and  docks  may  be  erect- 

ed at, 

"  401 

1849. 

Trustees  of  the  village  of,  to  raise 

,  money  by  loan, 

18 

1849. 

Charter  of  the  village  of,  amended, 

99 

1849. 

Williamsburgh  and  Jamaica  Turn- 

pike road  to  be  improved, 

"  163 

1849. 

To  amend  act  of  1845  to  pay  debts 

and  settle  claims, 

221 

1849. 

Williamsburgh  Fire  Insurance  Com- 

pany,   

326 

1849. 

Citizens'  Fire  Insurance  Company, 

326 

211 


Where  to  be  found.  Page. 

1849. 

T^pttv  Com  *nin  v  inpnTTiOTJitPfl 

JL  \s±  ±  jf     \J\J ill ^JtlLL  X  ^    1LLKj\JL      \J1  Ct/l;v>*~X, 

Str/fiifps 

458 

1850. 

Bonnrlnrv  liptwppn    nnrl  Brooklvn 

I  f\J  LLXXPLclX  V             L  Vv  v^v^XX,     clXXvX.     J-fX  \J\J±\.±J  XX, 

u 

66 

1850. 

Inn "rf ay*  OTYinnniiil 

V^llcli  LL/I    ctxxlt  JLxLlLLl,            .            •  . 

a 

272 

1850. 

riitwons'  TTi         Tn  cnT,n"nr>A        Pi  in  "Pi  n  ti  Tr 
V_>xIx/Cjc1xo    J?  H  t5    lllteLLIclllL/t;     V^UXXl  Ucllx  V  j 

a 

1 79 

J.  1  V 

1850. 

1  Atn tyi lcci mi nro  nf  clr»f>rlc  in 
V^UIIlxlllboxUxlLl  o  Ul  LlLcLlo  111,         .  . 

it 

749 

1851. 

V^xiy  l^xlcll  It!! ,            .            •             •  • 

a 

110 

XX\J 

1851. 

Tn  rplntinn  to  flip  pomnion  sphools 

JLXX    X  V^XCL  LXv/XX    L  Vy      1 1  J.  V  v     V.VylillllV7-Ll-      ^  V.  1 1-  V  /  V  y  J 

a 

323 

1851. 

JLxx  lt/ltlLlUll  l(J  UUvvcxo  Ul  Lx  LLolt/CDj 

a 

1852. 

T?plitivp  tn  to^rpd 

XlClaLlyC    LVJ    LcWVCo,  ... 

u 

60 

18o2. 

'Pn  inn  it  T^illc;  io*imc;t  tnwn 

X\J  CIU.U.1U    Mlllo  cl^clllXO  L    IvJ \v  XX,  • 

u 

1852. 

nPl'iti vp  tn  pnmmnn  c5Pnnnl<5 

J-VCXclLlYC    L\J   ^UIXXIXXUXX   iS^XiWUXDj         .  . 

ii 

413 

1852. 

TV^itpT  WTnvk'^;  Pom     n  v  in  ^ovnnT'fl tpd 
yv  cxtcx    >v  yj-i  XV o  \s ljxxx jjcixx  y  xxx^ux  lxuxcilcuj 

u 

472 

18o3. 

A  m  pn  flmon  t 

-X.XXXXV^XX  LX.XXXOXX  L,                 •                 •                 .  • 

It 

712 

1853. 

To  authorize  the  construction  of 

docks  in, 

u 

617 

1853. 

Charter  amended,       .  , 

u 

980 

1853. 

To  provide  for  consolidation, 

a 

1057 

1854. 

Consolidation  with  Brooklyn  and 

Bushwick,  .... 

u 

829 

BUSHWICK. 

To  incorporate  the  Newtown  and 
Bushwick  Bridge  and  Turnpike 
Company,       .       .       .       3  W.  &  S.  268 

Amendment,       ...        4  W.  &  S.  281 

Amendment,       ....    Statutes.  327 

To  authorize  a  drawbridge  over  Bush- 
wick creek,       .       .       .       .       "  226 

Persons  arrested  there  may  be  im- 
prisoned in  Williamsburgh,      .       "  586 

Eelative  to  taxes  in,       .       .       .       "  6 

Docks  may  be  erected  at  inlet,       .       "  407 


1803. 


1805. 
1838. 
1833. 

1836. 

1837. 
1837. 


212 


Where  to  be  found.  Page. 

1838. 

To  extend  time  to  collect  taxes  in, 

Statutes. 

5 

1839. 

Ibid, 

n 

o 
O 

1840. 

Ibid, 

it 

24 

1840. 

To  divide  the  town, 

tt 

35 

1847. 

Relative  to  free  schools  in,  . 

a 

427 

1847. 

Errors  in  valuation  of  property  to  be 

corrected,  .... 

it 

81 

1849. 

To  authorize  Neziah  Bliss  and  others 

to  erect  docks, 

tt 

434 

1850. 

Boundary   between   town   of  and 

Brooklyn,  .... 

it 

66 

1852. 

Relative  to  schools  in, 

it 

158 

1852. 

Plan  of  streets,  roads  and  avenues  in 

the  town  of,  ... 

it 

437 

1853. 

Amendment,  .... 

tt 

806 

1853. 

Amendment,  .... 

It 

1209 

loOO. 

Relative  to  Union  Cemetery, 

it 

377 

1853. 

Relative  to  free  schools  in, 

n 

816 

1 854 

Consolidation  with   Brooklyn  and 

TTilliamsburgh, 

it 

829 

Jjlol  ur  ALIO 

SINCE  THE  CONSOLIDATION. 

1 855 

Excavations  for  buildings, 

/Statutes. 

11 

To  amend  the  charter  of  the  Wil- 

liamsburgh  Water  "Works  Com- 

pany,   

a 

38 

1 855 

To  provide  for  the  debts  of  Wil- 

liamsburgh, 

it 

71 

1855. 

To  amend  the  charter  of  the  Brook- 

lyn Gas  Light  Company, 

it 

122 

1855. 

To  amend  act  of  consolidation, 

it 

166 

1855. 

Ibid, 

it 

515 

1855. 

Ibid, 

it 

906 

213 


Where  to 

be  four 

d.  Page. 

1857. 

To  amend  act  of  consolidation,  Statutes. 

569 

1857. 

Ibid,    (statutes,  Chap.  607.) 

1857. 

Ibid, 

a 

258 

1855. 

_L(_)  amend  cnai  Lei  ui  hicj  lll-|jcIl  liiicul, 

(western  district,) 

it 

170 

18oo. 

In  relation  to  property  of  persons  ar- 

rested  tor  crimes, 

a 

298 

1855. 

j;  ire  nmiib,  i  \\  esLtJiii  lusliici,  j 

« 

590 

1855. 

To  incorporate  the  ISTassan  Water 

Company,  .... 

u 

601 

1855. 

To  amend  the  act  in  relation  to 

drainage  canal,  . 

ii 

801 

1855. 

In  relation  to  Justices  of  the  Peace, 

(Williamsburgh,) 

a 

819 

1855. 

Confirming   agreement  with  Li.  I. 

T)„ 'i  T> ^„  ,n  fo- 
xtail KoacL  v^o., 

a 

851 

1855. 

To  amend  act  ior  completion  oi  Di- 

vision Avenue, 

i  i 

870 

1855. 

To  amend  act  m  relation  to  the  courts 

of  the  city,  .... 

950 

1855. 

f  1 1                       .  •                   -r~i  •  ft.  -j                                      ,  Ail 

1  o  continue  I  nth  avenue  to  Atlan- 

tic avenue,       .       .  . 

1065 

1856. 

To  authorize  Daniel  Kichards  and 

others  to  build  docks, 

a 

313 

1856. 

To  open  Eiver  street, 

i  i 

325 

1856. 

To  amend  charter  oi  City  Hospital, 

18 

1856. 

m                                   i  1           H  a  ,1       TXT"  1 

To  create  the  19th  Ward, 

i  i 

109 

1856. 

In  relation  to  Mount  Prospect  Square 

151 

1857. 

To  provide  a  more  certain  canvass  of 

votes  in  New  York  and  Brook- 

lyn   

it 

596 

1857. 

To  provide  against  pestilential  dis- 

eases, ..... 

n 

833 

1857. 

To  provide  for  the  supply  of  water, 

it 

35 

214 


_ ,    ,         .       ,  .  Where  to  be  found.  Tage. 

lbo7.    (jiving  jurisdiction  to  U.  S.  over  cer- 
tain property  on  Atlantic  Dock,  Statutes.  29 

1857.    To  sell  the  burial  ground  at  the  Wal- 

labout,  »  31 

1857.    To  amend  charter  of  Lefferts'  Park 

Association,       .*'.'.."  39 

1857.    For  the  better  regulation  of  firemen, 

(western  district,)       ...  "  55 

1857.  To  prevent  the  re-burning  of  char- 
coal,  "  190 

1857.    To  amend  act  in  relation  to  board  of 

education,       .       .       .       .        "  237 

1857.    Eelative  to  local  improvements  in  late 

"Williamsburgh,       .       .       .        "  275 

1857.    To  alter  the  commissioner's  map,  "  442 

1857.    To  incorporate  fire  department  of 

eastern  district,  .       .        "  616 

1857.  To  authorize  the  raising  of  money  to 
pay  existing  liabilities  for  late 
"Williamsburgh,       .       .       .        "  734 

1857.  To  establish  fire  limits  in  eastern  dis- 
trict, {Statutes,  Chap.  768.) 

1857.  In  relation  to  sewerage  and  drainage, 
(Statutes,  Chap.  521.) 


OEDINANCES 

OF  THE 

CITY  OF  BBOOKLYN. 


ORDINANCES 


CHAPTER  I. 

AX    ORDINANCE   IN   RELATION   TO    CITY   OFFICERS,  AND 
TO  LIMIT  AND  DEFINE  THE   DUTIES  OF  CERTAIN  OF 
THEM  UNDER  THE  CHARTER  OF  THE  CITY,  AND 
TO  PRESCRIBE   OTHER  AND   FURTHER  DU- 
TIES TO  BE  PERFORMED   BY  THEM. 

The  Common  Council  of  the  City  of  Brooklyn  do  ordain 
as  follows : 

ARTICLE  I. 

IN  RELATION  TO  CITY  OFFICERS  GENERALLY. 

Section  1.  The  penalties  of  the  official  bonds  of  the  of- Penalties  of 

.  x  .  official  bond; 

ncers,  herein  named,  shall  be  respectively  as  follows  : 

That  of  the  citj  treasurer,  one  hundred  and  fifty  thou- 
sand dollars. 

That  of  the  comptroller,  ten  thousand  dollars. 

That  of  the  collector  of  taxes  and  assessments,  one 
hundred  and  sixty  thousand  dollars. 

That  of  the  auditor,  five  thousand  dollars. 

That  of  the  street  commissioner,  ten  thousand  dollars. 

That  of  the  city  clerk,  ten  thousand  dollars. 

That  of  the  attorney  and  counsellor,  ten  thousand  dol- 
lars. 

That  of  the  commissioner  of  repairs  and  supplies,  ten 
thousand  dollars. 
15 


218 


That  of  the  chief  of  police,  five  thousand  dollars. 

That  of  the  clerk  of  markets,  one  thousand  dollars. 

That  of  a  constable,  five  hundred  dollars. 

That  of  a  city  surveyor,  one  thousand  dollars. 

That  of  inspector  of  pavements,  one  thousand  dollars. 

That  of  inspectors  of  meats,  five  hundred  dollars. 

And  such  officers,  except  the  collector  and  treasurer, 
who  shall  have  twenty  days  to  do  so,  shall  execute  such 
bonds  respectively  within  ten  days  after  notice  of  their 
election  or  appointment,  or  their  office  shall  be  declared 
vacant  by  the  common  council. 

miXSSST*  §  2-  Thc  bonds  of  a11  officers  shall  be  executed  with 
two  or  more  sureties,  conditioned  as  provided  in  the  city 
charter.  Such  sureties  shall  justify  separately,  on  the 
back  of  the  bond,  that  they  are  respectively  worth  the 
sums  to  be  stated  in  their  respective  justifications,  over 
and  above  all  debts  and  liabilities  by  them  owing  or  in- 
curred, or  for  which  their  property  is  liable  or  incumber- 
ed, at  the  time  of  justification,  and  over  and  above  all 
exemptions  by  law  of  their  property  from  execution.  The 
sums  stated  in  such  justifications  on  the  bond  of  any  officer, 
shall,  in  the  aggregate,  amount  to  double  the  penalty  of 
such  bond.  The  execution  of  such  bond  shall  be  acknowl- 
edged by  the  officer  and  his  sureties  before  some  person 
authorized  io  take  the  acknowledgment  of  deeds,  and  a 
certificate  of  such  acknowledgment  made  thereon. 

The  clerk  of  the  common  council  shall  also  endorse 
and  certify  on  each  bond,  before  the  same  shall  be  filed,  the 
resolution  of  the  common  council  approving  the  same,  and 
the  time  of  such  approval. 

S3  into  city       §  ^.  ^°  ^ees  or  perquisites  shall  be  received  to  his 
Treasury,        own  use  Dy  ariy  c^y  officer,  or  the  officer  of  any  ward  or 
district  receiving  a  salary,  or  by  any  person  in  his  office 
acting  as  deputy  or  clerk,  or  in  any  other  capacity  subor- 
dinate to  such  officer,  nor  shall  any  city  officer  or  ward 


219 


officer  be  interested  in  any  fees  or  compensation  for  ser- 
vices, rendered  in  or  about  any  city  office,  by  any  other 
person  or  persons  whomsoever,  and  all  fees  received  by 
any  such  officer  shall  be  paid  into  the  city  treasury. 

But  nothing  herein  contained  shall  be  construed  to  pre- 
vent the  taking  of  compensation  by  clerks  or  other  subor- 
dinates, for  searches  or  other  services  out  of  office  hours, 
provided  the  officer  or  his  deputy  be  not  interested  in 
such  compensation,  and  shall  assent  thereto. 

§  4.  The  records,  books,  files,  papers  and  documents  of  ^ords  open  to 
the  city  shall,  during  office  hours,  be  open  to  the  search,  insPectlon- 
inspection,  and  examination  of  the  public,  provided,  how- 
ever, that  if  in  any  case  the  officer  having  charge  of  the 
same  shall  deem  it  conducive  to  the  public  interest,  he 
may  require  the  applicant  to  procure  the  written  permis- 
sion of  the  mayor,  who  may  refuse  to  give  such  permission 
if  he  deem  proper,  unless  such  search,  inspection  and  ex- 
amination, be  for  the  purpose  of  obtaining  information  for 
the  prosecution  or  defence  at  law  of  some  right,  or  for  the 
purpose  of  ascertaining  taxes  or  assessments,  or  sales  for 
taxes  and  assessments,  and  provided  that  such  search,  in- 
spection and  examination,  be  made  under  such  regulations 
as  the  officer  in  whose  custody  such  records,  books  and 
documents  may  be,  shall  establish  for  the  safety  and  pres- 
ervation thereof. 

§  5.  Any  officer  violating  any  provision  of  this  ordi-  m®^duct  offor 
nance,  shall  be  deemed  guilty  of  misconduct  in  office,  and  Jjg^3  and 
liable  to  impeachment  and  removal  from  office  therefor. 
Such  officer  shall  be  liable  for  any  violation  of  any  pro- 
vision of  this  ordinance,  by  any  deputy,  assistant,  clerk, 
or  other  subordinate  appointed  by  him  ;  and  continuance 
in  office  by  such  officer,  of  any  such  deputy,  assistant 
clerk,  or  other  subordinate,  after  knowledge  of  any  such 
violation,  shall  be  deemed  misconduct  in  office  by  such 
officer,  and  he  shall  be  liable  to  impeachment  and  removal 


220 


from  office  therefor  ;  and  such  deputy  or  assistant  shall 
not  be  renominated  for  appointment,  and  such  clerk  or 
other  subordinate  shall  not  be  reappointed,  unless  the 
cause  of  his  removal  be  first  submitted  to  the  common 
council,  and  its  assent  obtained  to  such  reappointment. 

mitsto bekept  §  ®'  licenses  or  permits  granted  by  the  mayor,  or 
any  other  city  officer,  or  abstracts  thereof,  shall  be  regis- 
tered in  books  to  be  kept  in  their  respective  offices. 

office  hours.  §,7,  The  offices  of  the  respective  city  officers,  except  as 
hereinafter  mentioned,  shall  be  open  every  day  except 
Sundays,  and  such  holidays  as  shall  be  observed  by  the 
general  custom  of  the  city,  or  by  recommendation  of  pub- 
lic authority,  from  9  o'clock  in  the  forenoon  to  5  o'clock 
in  the  afternoon.  The  office  of  the  mayor  shall  be  open  at 
such  hours  as  he  shall  prescribe.  The  office  of  collector 
of  taxes  and  assessments  shall  be  open  from  8  o'clock  in 
the  forenoon  to  5  o'clock  in  the  afternoon,  for  all  business 
except  the  receipt  of  money,  which  will  not  be  received 
therein  after  two  o'clock  in  the  afternoon.  The  office  of 
the  treasurer  shall  be  open  during  banking  hours  of  the 
city  deposit  banks. 

Office111  ement  t0  §  ^'  ^°  omcer  shall  receive,  in  money  or  other- 
wise, any  pajjr,  gift,  commissions  or  reward  for  the  appoint- 
ment, or  for  procuring  the  appointment  or  nomination  for 
appointment,  of  any  deputy  clerk  or  other  subordinate 
under  him,  or  in  his  department  or  office,  or  under  any 
other  city  officer,  or  in  any  other  department  or  office  of 
the  city  government. 

Officers  not  to  be  §  9.  No  city  officer  shall  be  interested  in  any  contract 
contract!  1  with  the  city,  or  in  any  compensation  for  work  done  for, 
or  materials,  or  supplies  furnished  to  the  city,  or  to  any 
contractor,  or  other  person  furnishing  the  same  to  the 
city,  nor  shall  he  participate  in  any  profits  with  such  con- 
tractor or  other  person,  or  receive  any  compensation,  com- 


221 


mission,  gift,  or  other  reward  for  his  services,  except  the 
salary  or  fees  established  by  law,  or  by  the  ordinance  or 
resolutions  of  the  common  council. 

§  10.  All  city  officers  shall  perform  the  duties  of  their  SfSjS6 '° 
office  subordinate  to  the  mayor,  who  shall  have  power  to 
direct  them  in  relation  to  such  duties,  and  also  in  all  par- 
ticulars contemplated  by  law,  or  the  ordinances  or  resolu- 
tions of  the  common  council,  but  not  regulated  thereby ; 
and  it  shall  be  the  duty  of  such  officers  to  obey  such 
directions. 

§11.  The  administrative  officers  of  the  city,  and  all  Annual  reports 

°  J  7  from  depart- 

others,  if  required  by  the  mayor,  shall  annually,  on  thements- 
first  day  of  December,  and  from  time  to  time,  when  re- 
quired by  the  mayor,  report  to  him  in  writing  the  condi- 
tion of  their  respective  offices,  and  of  the  business  and  all 
matters  therein,  touching  the  interests  of  the  city,  and 
what  business  has  been  finished,  and  what  remains  un- 
finished, of  the  last  year. 

§  12.  All  officers  advertising  for  proposals  or  estimates  Estimates  for 

contracts* 

for  contracts  shall  require  such  proposals  or  estimates  to 
be  accompanied  by  the  consent  in  writing  of  two  sureties, 
who  shall  at  the  time  of  putting  in  such  estimates  or  pro- 
posals, qualify  as  to  their  responsibility  in  the  amount  of 
such  proposal  or  estimate,  and  bind  themselves  that  if  the 
contract  be  awarded  to  the  person  or  persons  making  the 
estimate  or  proposal  will,  upon  its  being  so  awarded,  be- 
come bound  as  his  or  their  sureties  for  its  faithful  per- 
formance, and  that  if  the  person  or  persons  to  whom  such 
contract  shall  be  awarded,  or  his  or  their  sureties  shall 
omit  or  refuse  to  execute  such  contract,  they  will  pay  to 
the  city  of  Brooklyn  any  difference  between  the  sums  to 
which  he  or  they  would  have  been  entitled  upon  the  com- 
pletion of  the  contract,  and  that  which  the  city  of  Brook- 


222 


lyn  may  be  obliged  to  pay  to  the  next  highest  bidder,  by 
whom  such  contract  shall  be  executed. 

ARTICLE  II. 

TUB  MAYOR. 

SsLs0 grant  Section  1.  The  mayor  shall  grant  licenses  for  the  pur- 
poses authorized  by  sub-divisions  4  and  5  of  section  13 
of  title  II.  of  the  city  charter,  to  expire  on  the  first  of 
May  thereafter,  to  such  residents  of  the  city  of  the  age 
of  twenty-one  years,  duly  qualified  according  to  the  ordi- 
nances of  the  common  council,  as  he  may  deem  proper, 
unless  the  common  council  shall  otherwise  designate ; 
and  may  revoke  the  same  at  pleasure. 

d?ySofficeVrse  a11  §  ^'  mayor  sna^  supervise  the  conduct  and  acts 
of  all  city  officers,  and  in  case  of  a  violation  or  neglect  of 
duty  or  other  misconduct  of  any  officer,  he  shall  transmit 
to  the  common  council  information  thereof,  with  such  facts 
and  particulars  as  to  enable  specifications  of  the  charge 
to  be  made  against  such  officer,  under  section  31  of  title 
III.  of  the  city  charter:  and  for  the  performance  of  his 
duty  in  this  respect  and  otherwise,  he  shall  at  all  times 
have  full  power  to  examine  all  books  and  papers  in  the 
possession  or  custody  of  such  officers,  and  to  examine  any 
deputy  clerk  or  other  subordinate. 

To  determine  re-  §  3.  He  shall,  whenever  any  work  shall  be  requisite, 
plies  in  certain  either  for  construction  or  repairs  for  general  or  local  pur- 
poses, or  any  supplies  shall  be  required,  which  work,  re- 
pairs or  supplies  may  be  done  or  furnished  by  any  city 
officer  without  the  special  order  of  the  common  council^ 
examine,  upon  a  requisition  to  be  made  by  such  officer, 
stating  the  object  and  amount,  into  the  necessity  of  the 
same,  and  before  such  work  shall  be  done  or  such  supplies 
furnished,  or  any  liability  therefor  incurred  by  the  city, 


223 


he  shall  signify  his  approval  of  such  requisition ;  except 
for  repairs  of  lamps  and  lamp-posts  and  of  wells  and 
pumps. 


AKTICLE  III. 

THE  STREET  COMMISSIONER. 


commis- 


Section  1.  The  street  commissioner  shall  have  supervi-  Bhjet  ^  ^ 
sion  over  all  the  streets,  avenues,  squares,  wharves  and  ^street  and 
piers  and  public  places,  wells  and  pumps,  and  cisterns  of-^^f5'^ 
the  city,  and  of  all  works  thereon  done  by  order  of  the  com- 
mon council,  except  for  repairs,  and  over  all  contracts  for 
grading  and  paving  streets,  for  constructing  wells  and 
pumps  and  public  cisterns,  and  for  all  other  improvements 
for  which  assessments  are  to  be  laid,  and  such  contracts 
shall  be  executed  by  him  on  behalf  of  the  city,  and  when 
so  executed  shall  be  filed  in  his  office. 

§  2.  He  shall  publish  all  notices  required  by  law  to  be Top^hcer- 
published  by  the  common  council,  relative  to  local  im- 
provements and  assessments  not  devolved  upon  any  other 
officer. 

§  3.  He  shall  furnish  to  the  collector  of  taxes  and  as-  ^tofeh 
sessments  fair  copies  of  all  assessment  rolls,  with  proper  jecgg  and  other 
warrants  for  the  collection  of  the  assessments,  within  ten 
days  after  the  same  shall  be  confirmed ;  and  at  the  same 
time  cause  a  notice  to  be  published  that  such  rolls  have 
been  confirmed,  and  have  been  delivered  to  the  collector 
for  the  collection  of  the  assessments  therein,  and  of  the  time 
within  which  they  may  be  paid,  without  additional  charge. 
He  shall  also,  at  the  same  time,  furnish  the  auditor  and 
comptroller  abstracts  of  all  assessments  and  awards. 

§  4.  He  shall,  in  the  matter  of  opening  streets,  ave-  g^J^g, 
nues  and  squares,  publish  the  notice  required  by  law  for  notices. 


224 


His  duties  In  re- 
gard to  lands 
abandoned. 


Deeds  fcr  such 
lands. 


remonstrances  against  the  same,  and  of  the  district  to  be 
assessed,  and  canse  the  necessary  maps  to  be  made  for  the 
use  of  the  commissioners,  and  after  the  confirmation  of  the 
commissioners'  report  in  any  such  matter,  he  shall  deliver 
a  copy  thereof,  with  a  warrant  for  collection  of  the  assess- 
ments therein,  to  the  collector,  within  ten  days  after  such 
confirmation  ;  and  shall  publish  a  notice  of  such  confirma- 
tion, and  of  delivery  of  such  warrant  to  the  collector, 
and  of  the  time  within  which  such  assessments  can  be  paid, 
without  additional  charge. 

§  5.  He  shall,  whenever  any  lands  shall  have  been 
abandoned  in  the  opening  of  any  street,  avenue  or  square, 
and  the  amount  fixed  by  the  commissioners  as  their  value 
shall  have  been  paid  or  tendered  to  the  owner,  offer  said 
lands  to  the  owner  or  owners  of  the  lands  next  adjacent 
thereto  at  the  price  or  value  fixed  upon  the  same  by  the 
commissioners,  and  if  the  said  owners  shall  neglect  to  take 
the  same  within  ten  days  after  the  delivery  of  the  notice 
containing  such  offer,  he  shall  advertise  the  same  for  at 
least  five  days  in  the  corporation  newspaper  or  newspapers, 
for  sale  at  auction  at  the  street  commissioner's  office,  and 
the  same  shall,  at  the  time  stated  in  such  advertisement,  be 
sold  to  the  highest  bidder,  and  the  net  proceeds  thereof 
shall  be  paid  Jay  him  into  the  city  treasury  to  the  credit 
of  the  improvement.  If  the  adjacent  owner  or  owners 
before  mentioned  shall  neglect  to  take  the  lands  so  aban- 
doned at  the  valuation  of  the  commissioners,  or  if  the 
said  lands  be  sold  to  other  parties,  the  street  commissioner 
shall  cause  proper  deeds  or  convej-ances  for  the  same  to  be 
prepared  and  properly  executed,  and  delivered  to  the 
owners  or  other  purchasers,  as  the  case  may  be,  and  the 
amount  received  for  the  same  shall  be  paid  into  the  treas- 
ury to  the  credit  of  the  improvement. 

The  mayor  and  city  clerk  are  hereby  authorized  and 
directed  to  execute  such  deeds  or  conveyances  under  the 
corporate  seal  of  the  city. 


225 


§  6.  He  shall,  whenever  any  building  shall  be  taken  in  "uon^buiid-6* 
any  proceedings  for  opening  streets,  avenues  or  squares, ings  taken- 
advertise  the  same  for  five  days,  at  least,  in  the  corpora- 
tion newspapers,  for  sale  at  public  auction  at  his  office,  and 
the  same  shall,  at  the  time  fixed  in  such  advertisement,  be 
sold  by  him  to  the  highest  bidder,  and  the  net  proceeds 
thereof  shall  be  paid  into  the  treasury  in  like  manner  as 
in  the  case  of  lands  abandoned. 

§  7.  He  shall  make  up  and  furnish  the  assessors  the To  fnrnis1.1 ' as- 

<->  J-  sessors  with 

items  of  expense,  and  all  matters  of  assessments,  except  in  anTL0mse2dnse 
opening  streets,  avenues  and  squares,  together  with  a  copy  maps- 
of  the  resolution  authorizing  the  assessment,  and  a  book, 
(and  if  necessary  a  map,)  in  proper  form  for  having  such 
assessments  made  therein. 

§  8.  He  shall  advertise  and  receive  estimates  for  all  work  to  advertise  for 

°  estimates. 

to  be  done  for  which  assessments  are  to  be  laid,  and  such 
estimates  shall  be  delivered  by  him  to  the  committee  of 
the  common  council  having  charge  of  the  subject  matter 
of  such  assessments,  and  opened  in  his  presence,  or  to  the 
common  council,  as  the  common  council  shall  from  time 
to  time  direct.  If  delivered  to  a  committee,  such  estimate 
shall  be  opened  in  his  presence  by  them. 

§  9.  He  shall,  whenever  the  common  council  shall  in-  Toc  PubJ,ish  ?oti" 

«j  ?  ces  tor  nagging 

tend  to  pass  any  ordinance  for  flagging  sidewalks,  fencing,  fliiien^aupSiots* 
digging  down,  filling  up  or  walling  lots,  publish  a  notice  &c* 
of  such  intention,  or,  if  the  common  council  shall  so  di- 
rect, cause  such  notice  to  be  personally  served,  as  the  com- 
mon council  shall  direct,  and  he  shall  cause  proof  of  such 
publication  or  personal  service  to  be  made  and  filed  in  his 
office  before  the  passage  of  any  such  ordinance.  He  shall 
prepare  such  ordinances  and  superintend  all  the  proceed- 
ings in  relation  thereto. 

§  10.  He  shall  promptly  report  all  delinquent  contrac-  ^eKJ^-11" 
tors  to  the  common  council,  and  also  all  contractors  whotor3. 


226 


shall  refuse  or  neglect  to  perform  any  part  of  their  con- 
tracts, or  shall  neglect  or  refuse  to  execute  any  contract 
which  may  be  awarded  to  them. 

rt?SnIefrom  §  H»  He  shall  have  power  to  remove  or  cause  to  be  re- 
the  street.  moved  any  obstructions  or  incumbrances  from  all  the 
streets,  lanes,  alleys,  roads,  wharves  and  public  places  in 
the  city.  He  shall  report  the  person  causing  any  such  ob- 
struction or  incumbrance  to  the  attorney  and  counsellor 
for  prosecution,  and  the  expense  of  such  removal  shall  be 
paid  out  of  penalties  in  the  treasury,  except  for  violations 
of  the  health  ordinance,  and  the  financial  officers  of  the 
city  are  authorized  to  audit  and  pay  the  same,  and  to 
draw  warrants  therefor. 

To  grant  permits    §  12.  lie  shall  have  power  to  grant  permits  to  builders 

to  builders  to  ..      ,  ,  ,  .    ,     _  ,         .  ,  , 

occupy  streets,  and  others  to  occupy,  not  to  exceed  one-third  of  the  width 
of  the  carriage-way  of  any  street  or  avenue  with  building 
materials,  provided,  in  his  opinion,  the  public  interest  and 
convenience  will  not  sutler  thereby.  All  such  permits 
shall  provide  expressly  that  they  are  given  upon  condition 
that  the  sidewalks  and  gutters  shall  at  all  times  be  kept 
clear  and  unobstructed,  and  that  all  dirt  and  rubbish  shall 
be  promptly  removed,  from  time  to  time,  by  the  party  ob. 
taining  sucli  permit,  and  all  such  permits  may  be  revoked 
by  him  at  pleasure. 

to  grant  permits  §  13.  He  shall  have  power  to  grant  permits  to  excavate 
terns,  &c.'  in  any  street  or  avenue,  to  an  extent  not  exceeding  the 
width  of  the  sidewalk  for  the  purpose  of  constructing 
vaults,  cesspools,  ovens  or  cisterns,  the  party  applying  for 
such  permit  to  pay  to  the  street  commissioner  for  the  use 
of  the  city  ten  cents  per  superficial  foot  for  every  foot  so 
occupied.  In  case  any  party  shall  construct  a  cistern  of 
the  capacity  of  one  hundred  hogsheads  and  upwards,  un- 
der the  sidewalk  of  any  street  or  avenue,  and  shall  consent 
that  the  same  may  be  used  in  case  of  fire,  and  shall  cover 


227 


the  same  as  the  public  cisterns  are  covered,  so  that  the 
firemen  can  obtain  free  access  to  the  water,  the  street 
commissioner  is  hereby  authorized  in  such  cases  to  grant 
a  free  permit  for  such  cisterns.  All  permits  to  excavate 
for  any  of  the  above  purposes,  shall  provide  that  the  per- 
son or.  persons  obtaining  the  same,  shall  at  all  times  prop- 
erly protect  said  excavations,  as  the  street  commissioner 
shall  direct,  so  as  to  prevent  accident,  and  also  that  the 
same  shall  be  covered  up  and  completed  within  the  time 
to  be  named  in  such  permit ;  and  the  parties  obtaining 
such  permit  shall  execute  a  bond  with  sureties  to  indem- 
nify the  city  of  Brooklyn  against  any  damage  it  may  sus- 
tain, or  for  which  it  may  be  made  liable  as  incident  to,  or 
in  consequence  of,  such  excavation. 

§  14.  He  shall  insert  in  all  contracts  for  grading  or  Sffo?  fading 
paving  any  street  or  avenue,  and  all  such  contracts  shall or  paving  8treets 
contain  a  provision,  that  if  the  contractor  or  any  other 
person  shall  bring  or  cause  to  be  brought  on  said  street  or 
avenue  any  materials  which  do  not  strictly  conform  to  the 
contract  or  city  ordinances,  the  street  commissioner  shall, 
on  behalf  of  the  city,  have  the  right  to  order  the  same  to 
be  removed  forthwith  from  off  such  street  or  avenue,  and 
in  case  of  the  neglect  or  refusal  of  the  contractor,  or  those 
employed  by  him,  to  remove  such  materials,  to  cause  the 
same  to  be  removed  at  the  expense  of  the  contractor,  and 
to  deduct  the  costs  of  such  removal,  and  all  other  expenses 
thereon,  from  the  amount  of  the  contract.  In  case  of  the 
violation  of  any  such  provision,  he  shall  proceed  as  hereby 
authorized. 

§  15.  He  shall  insert  in  all  contracts  for  improvements  ?es^Jd  £ hce0 n. 
payable  by  local  assessment,  and  such  contracts  shall  con- tracts- 
tain  a  provision  that  the  penalty  for  each  day's  neglect  to 
complete  the  work  according  to  the  contract,  beyond  the 
time  fixed  therein,  shall  be  five  dollars,  where  the  gross 
amount  to  be  paid  the  contractor  shall  be  less  than  five 


228 


thousand  dollars,  and  live  dollars  per  day  additional  for 
every  five  thousand  dollars  beyond  that  sum,  to  be  speci- 
fied in  the  contract.  He  shall  in  all  cases  insist  on  the 
deduction  of  such  penalties,  unless  the  same  be  previously 
remitted  according  to  section  26,  of  title  II.,  of  the  city 
charter. 

Right  to  certia-      §  16.  He  shall  insert  in  all  contracts  for  improvements 

catcs  of  indebt-  *- 

edness  to  bo  payable  by  local  assessment,  and  such  contract  shall  con- 
inserted  in  con-     y  .  ' 

tracts.  tain  a  provision,  that  on  the  final  completion  of  the  work 

according  to  contract,  and  the  auditing  of  his  claim,  the 
contractor  shall  be  entitled  to  one  or  more  certificates,  for 
the  amount  due  him  on  his  contract,  after  deducting  there- 
from the  amount  of  all  penalties  incurred  by  and  charged 
against  him,  payable  when  the  assessments  shall  be  col- 
lected, with  interest  thereon,  from  the  date  of  such  certifi- 
cates, if  such  date  be  after  the  expiration  of  one  hundred 
and  twenty  days  from  the  delivery  of  the  assessment  roll 
to  the  collector,  or  if  such  time  have  expired,  then  to  be 
computed  from  the  expiration  of  such  time. 

To  cause  maps      §  17.  He  shall,  under  the  direction  of  the  common  coun- 

to  be  mada.  ...  ,  ni  n 

cil,  cause  all  necessary  maps  and  profiles  01  streets,  ave- 
nues and  squares  to  be  made,  and*  the  same  shall  be  filed 
in  his  office,  together  with  all  original  assessments,  rolls  or 
lists  and  reports  of  commissioners  of  estimate  and  assess- 
ment. He  shall  keep  the  record  of  all  certificates  of  sale 
made  by  him  for  unpaid  assessments,  with  proper  indexes, 
and  open  during  ordinary  business  hours,  for  the  examin- 
ation of  any  parties  interested  \  therein.  All  maps,  pro- 
files, and  assessment  lists,  shall  also  be  kept  open  during 
business  hours  for  examination  by  parties  interested 
therein. 

me^te  o^cOTtm?"    §18*  He  shall  record  in  a  proper  book  all  assignments 
oates  of  sales.    or  transfers  of  certificates  of  sale,  made  by  him  for  un- 
paid assessments,  and  he  shall  charge  and  receive  the 


229 


same  fees  for  recording  such  certificates  of  sale  and  assign- 
ments thereof,  as  are  by  law  charged  and  received  for  sim- 
ilar services  by  the  register  of  the  county  of  Kings. 

§  19.  He  shall  certify  to  the  auditor,  in  all  cases  of  Jjjgfr  to  the 
local  improvements,  before  any  claim  therefor  shall  be  paid, 
or  certificate  of  indebtedness  issued,  the  amount  due  there- 
on, but  he  shall  give  no  such  certificate  unless  he  first  de- 
duct all  penalties  and  forfeitures  under  any  contract,  under 
which  such  claim  shall  be  made. 

§  20.  He  shall  take  charge  of  and  keep  all  reports  ofTp  keep  reports 

1  oil  of  commissioner 

commissioners  for  opening  streets,  and  all  assessment  rolls  for  opening 

r         o  7         9  streets. 

for  other  local  improvements,  and  shall  take  charge  of, 
safely  keep  and  file  in  a  convenient  manner,  all  petitions) 
remonstrances,  reports,  certificates,  orders,  proofs,  and  pa- 
pers connected  with  the  proceedings  in  relation  to  such  im- 
provements, and  necessary  to  show  the  regularity  of  such 
proceedings ;  and  it  shall  be  the  duty  of  the  city  officers^ 
who  shall  have  any  such  reports,  assessment  rolls,  peti- 
tions, and  other  papers  before  named  in  their  possession, 
to  deliver  the  same  to  the  street  commissioner,  as  soon  as 
they  shall  have  performed  any  requirement  of  them  by 
law  in  relation  thereto.  He  shall,  in  each  matter  of  as- 
sessment, file  together  the  papers  relating  thereto,  making 
up  a  continuous  record  of  the  proceedings  as  far  as  may  be. 


ARTICLE  IV. 


THE  COMMISSIONER  OF  REPAIRS  AND  SUPPLIES. 


Section  1.  The  commissioner  of  repairs  and  supplies  shall  ^I^Sfroi? 
have  charge  of  all  repairs  and  supplies  of  and  for  the plies' his  power' 
public  buildings,  station  houses  and  bell  towers,  wharves 
and  piers  belonging  to  the  city,  and  of  and  for  the  pave- 
ments, sidewalks,  crosswalks,  public  cisterns,  fire  engines, 
and  other  property  pertaining  to  the  fire  department, 


230 


lamps  and  lamp  posts,  oil  and  gas,  fuel  and  stationery  for 
the  public  offices  of  the  city,  and  of  the  construction  of 
public  buildings,  station  houses,  fire  engines,  hose  carts? 
hook  and  ladders,  hose,  and  other  property  for  the  fire 
department ;  and  shall  superintend  the  delivery  and  pre- 
servation of  all  supplies  of  fuel,  stationery,  blanks  and  fur- 
niture for  the  public  rooms  and  offices  of  the  city,  its  courts 
and  police  stations ;  and,  under  the  direction  of  the  alder- 
men of  the  wards,  superintend  the  repairs  of  wells  and 
pumps  therein  respectively. 

SemSnrf re-  §  ^'  ^G  s^a^  aPPomtj  by  anc^  with  the  consent  of  the 
pairs.  common  council,  a  deputy  and  also  a  foreman  of  repairs 

and  supplies,  who  shall  superintend  in  person  all  repairs 
on  streets,  the  men  employed  and  the  materials  which  shall 
be  used  for  each  particular  subject  of  repair,  and  furnish 
daily  an  account  thereof  to  the  commissioner. 
ionebyo°rder  of  §  3.  ^e  s^a-H  cause  all  repairs  to  be  done,  when  ordered 
S  m™yor.council  by  tne  common  council  or  the  mayor,  provided  the  cost 
thereof  for  aoy  one  object,  when  ordered  by  the  mayor, 
shall  not  exceed  the  cost  authorized  in  this  article  to  be 
expended  for  the  same  object  by  him  with  consent  of  the 
mayor. 

^enecesSty  o?  §  4.  He  or^Jiis  deputy  shall,  previous  to  any  of  the  re- 
pairs or  constructions  mentioned  in  the  first  section  of  this 
article  being  done,  except  repairs  of  wells  and  pumps,  per- 
sonally examine  into  their  necessity  and  extent,  and,  ex- 
cept for  repairs  of  lamps  and  lamp  posts,  report  thereon  in 
writing  to  the  common  council  or  to  the  mayor  as  here- 
after provided,  unless  such  work  shall  have  been  previous- 
ly ordered  by  the  common  council  or  mayor,  and  he  shall 
await  and  conform  to  their  order  respectively  on  such  re- 
port. 

of°6t?eete  beydi-8j    §  5.  He  shall,  whenever  requested  in  writing  by  the 
rection  of  aider-  aidermen  0f  anv  ward  to  make  immediate  repairs  of  streets 
or  other  objects  in  their  ward,  not  exceeding  an  expense 


231 

of  fifty  dollars  for  anyone  object,  report  as  aforesaid  to  the 
mayor,  and,  with  his  consent  in  writing  to  accompany  such 
request  and  report,  cause  the  same  to  be  done. 

§  6.  He  shall,  whenever  any  necessity  shall  exist  for  re-  repSrf  th^eon 
pairs  of  streets,  the  expense  of  which  repairs  will  not  exceed  ^ya££sentoft  e 
twenty-five  dollars,  report  as  aforesaid  to  the  mayor,  and, 
with  his  consent  in  writing  to  accompany  the  said  report, 
cause  the  same  to  be  done. 

§  7.  He  shall,  whenever  requested  in  writing  by  the  ^e^eiis 
aldermen  of  any  ward  in  which  the  same  is  situated,  togJ^nofftI- 
repair  a  well  and  pump,  cause  such  repairs  to  be  done. 

§  8.  He  shall,  whenever  requested  in  writing  by  the  gines°b^con£rat 

"  ,  -i  •     of  the  mayor. 

chief  engineer  of  the  fire  department,  to  make  repairs 
of  any  fire  engine,  hose  cart,  hooks  and  ladders,  hose,  or 
other  machines  or  apparatus,  for  the  use  of  the  fire  depart- 
ment, or  of  any  public  cistern,  the  expense  of  which  re- 
pairs will  not  exceed  twenty-five  dollars,  report  to  the 
mayor,  and  with  his  consent  in  writing  to  accompany  said 
report,  cause  the  same  to  be  done. 

§  9.  He  shall,  whenever  any  necessity  shall  exist  for  re-  and^^^Ss- 
pairs  of  any  lamps  or  lamp  posts,  or  for  filling  public  cis-^.pubhccls" 
terns,  cause  the  same  to  be  done. 

§  10.  He  shall  in  all  cases  of  repairs  necessary  to  be  To  report  to  the 

*  L  .  _  .    common  council 

done,  and  not  in  this  article  otherwise  provided  for,  and  m  in  other  cases, 
all  cases  of  construction,  report  to  the  common  council 
and  await  its  action  on  such  report,  on  or  before  the  first 
day  of  February,  1857,  and  in  that  and  every  year  there- 
after. 

§  11.  He  shall,  in  the  month  of  November,  make  up  £pJ*Jf 156  for 
schedules  of  articles  of  supply  required  for  the  ensuing 
year  by  the  city,  enumerating  the  different  articles,  and 
stating  the  quantity,  quality  and  time  and  place  of  delivery 


232 


of  each  article,  and  after  submitting  the  same  to  the 
major,  and  obtaining  his  consent,  advertise  the  same  in 
the  corporation  newspapers  for  one  month,  inviting  pro- 
posals to  furnish  the  articles  so  enumerated  or  any  of  them, 
with  the  right  of  the  common  council  to  reject  any  and 
all  bids,  which  proposals  shall  be  delivered  to  the  city 
clerk  unopened,  and  be  by  him  opened  in  the  common 
council  at  its  next  regular  meeting. 

Sets  made"  §  12.  lie  shall  cause  contracts  to  be  made  out  in  writ- 
therefor.  -Dg  an(j  execntecj  by  the  bidders,  whose  proposals  shall  be 
accepted  and  their  surety  or  sureties  respectively  on  the 
one  part,  and  by  the  comptroller  on  behalf  of  the  city  on 
the  other  part,  and  after  copying  the  same  in  a  book  to  be 
provided  for  that  purpose  and  kept  in  his  office,  file  the 
originals  retained  by  the  city  in  the  comptroller's 
office. 

To  superintend      g  13.  He  shall  superintend  the  receipt  and  distribution 

the  receipt  and         ox  r 

M^EUon  of  of  such  supplies,  and  to  enable  him  the  better  to  prepare 
the  schedules  in  this  article  before  mentioned,  he  may  re- 
quire from  every  city  officer  who  need  any  supplies  for  his 
office  or  department,  .an  estimate  of  the  same ;  and  it  is 
hereby  made  the  duty  of  every  such  officer  to  prepare  the 
same.  ^ 

piie^to  theBup"      §  ^  ^e  s^a^  deliver  to  tne  nea(^s  of  departments,  jus- 
offices,  tices  of  the  peace  and  police  justices,  upon  their  written 
order,  such  and  so  much  of  said  articles  as  they  shall  re- 
quire from  time  to  time,  for  the  use  of  their  offices  or  de- 
partments ;  but  no  articles  not  enumerated  in  such  sched- 
ule and  furnished  by  contract,  shall  be  purchased  or  sup- 
plied without  the  consent  of  the  mayor  if  they  do  not  ex- 
ceed twenty-five  dollars  in  value,  or  without  the  order  of 
the  common  council  if  they  exceed  that  sum  in  value 
when  to  pur-    Such  non-enumerated  articles  he  shall  buy  in  open  market 
mented  articles.  at  the  l°west  current  prices,  and  the  bill  thereof,  with  such 


233 


consent,  shall  be  delivered  to  the  auditor  and  filed  with 
the  comptroller  before  payment. 

§  15.  He  shall,  whenever  any  repairs  shall  be  made  by  Jj^JJJj^  tllL. 
him,  deliver  to  the  auditor  a  statement  in  writing,  to  be  repsdvl for 
signed  by  him,  of  the  cost  thereof,  and  also  the  request, 
report  and  consent,  or  such  of  them  as  by  this  article  are 
required,  or,  if  ordered  by  the  common  council,  a  copy  of 
their  resolution,  certified  by  their  clerk,  to  be  filed  with  the 
comptroller  before  payment,  and  for  this  purpose  he  shall 
cause  a  correct  account  to  be  kept  of  the  work  done  and 
materials  furnished  in  each  case. 

§  16.  He  shall,  whenever  anv  supplies  shall  be  furnish-  And  certify  to 

«  9  J       Sri  him  in  cases  of 

ed,  and  the  contractor  or  seller  of  the  same  shall  be  en-  6UPPlies- 
titled  to  his  pay  therefor,  certify  in  writing  to  the  auditor, 
that  the  same  have  been  furnished  according  to  contract 
or  sale,  such  certificate  to  be  filed  with  the  comptroller  be- 
fore payment. 

§  17.  He  shall  enter  in  suitable  books,  to  be  kept  in  his  to  keep  books  of 

.  .  account. 

office,  an  account  of  all  the  expenditures  of  his  depart- 
ment, and  of  each  separate  branch  for  which  distinct  ap- 
preciations shall  be  made,  and  he  shall  in  no  case  incur 
any  expense  for  any  object  for  which  an  appropriation 
shall  not  have  been  made.  In  case  of  failure  of  appropri- 
ation, he  shall  communicate  to  the  comptroller  such  in- 
formation as  may  enable  that  officer  to  report  to  the  com- 
mon council,  as  required  by  this  ordinance. 

§  18.  He  shall  keep  a  list  of  all  the  lamp-lighters  in  the  To  superintend 

J  x  r     °  and  pay  lamp- 

city ;  and  of  the  districts,  number  of  lamps  in  charge  of,  lighten, 
and  quantity  of  oil  or  fluid  delivered  to  each ;  he  shall  in 
case  of  the  neglect  of  any  lamp-lighter  to  clean,  trim,  or 
light  the  lamps  within  his  district,  report  such  delinquent 
to  the  mayor ;  and  he  shall  render  to  the  auditor  a 
monthly  statement  of  the  amount  due  to  the  lamp-lighters 
severally,  to  be  filed  with  the  comptroller,  and  shall  receive 
16 


234 


the  amount  from  the  comptroller,  and  pay  to  the  lamp- 
lighters their  respective  amounts,  and  take  their  receipts 
therefor,  and  immediately  thereafter  deposit  the  same  in  the 
comptroller's  office. 

SciS^toishleT  §  19.  He  shall  require  all  supplies  of  oil  and  other  arti- 
by  contract.  c^es  ^^3}^  by  contract,  to  be  delivered  to  him  person- 
ally or  in  his  presence,  and  it  shall  be  his  duty  personally 
to  superintend  such  delivery,  and  not  to  furnish  oil  or 
other  burning  fluid  to  the  lamp-lighters  or  any  other  arti- 
cle to  any  officer  or  department,  or  to  use  the  same  for  re- 
pairs or  supplies  without  first  inspecting  the  same  himself, 
to  see  that  it  conform  to  the  conditions  of  purchase.  He 
shall  endorse  on  each  contract,  or  enter  in  a  book  to  be 
kept  for  the  purpose,  the  time  and  quantity  of  each  article 
supplied  by  contract. 

To  keep  an  ac-      §  20.  He  shall  keep  an  account  of  the  names  and  time 
of  each  subject   of  all  men  employed  by  him,  and  of  the  work  upon  which 
they  shall  be  engaged,  and  of  the  materials  provided  or 
used  for  repairs,  so  as  to  show  the  exact  cost  of  each  sub. 
ject  or  occasion  of  repairs. 

Expenses,  how  §  21.  The  financial  officers  of  the  city  are  hereby 
authorized  to  audit  and  pay  the  bills  for  repairs  and  sup- 
plies to  be^made  and  furnished  according  to  the  provisions 
of  this  article,  and  also  the  monthly  bills  of  lamp -lighters, 
and  to  draw  the  necessary  warrants  therefor. 


AKTICLE  Y. 

THE  AUDITOE. 

Auditor,  Lis        Section  1.  It  shall  be  the  duty  of  the  auditor  to  audit  all 

duties. 

bills  or  claims  presented  against  the  city,  before  payment 
thereof ;  but  no  bill  or  claim  shall  be  audited  or  paid  un- 
less the  same  be  first  presented  to  the  common  council? 


235 


and  by  it  referred  to  the  auditor ;  or  unless  it  be  for  a  lo- 
cal improvement,  payable  from  the  proceeds  of  local  as- 
sessments, or  for  an  object  specially  provided  by  ordi- 
nance, to  be  done  by  some  other  department  of  the  city 
government,  and  to  be  audited  and  paid  for ;  or  unless  it 
be  for  cleaning  streets  or  for  repairs  of  wells  and  pumps, 
when  not  made  by  the  commissioner  of  repairs  and 
supplies. 

§  2.  He  shall  enter  all  bills  or  claims  sent  to  him  in  ap-  ^Ybookf1  bilh 
propriate  books  in  the  order  presented — such  entry  show- 
ing the  date  and  items  of  each  claim,  when  and  by  whom 
rendered,  the  amount  claimed  and  the  amount  allowed, 
and  the  account  to  which  it  shall  be  chargeable. 

§  3.  He  shall  examine  all  bills  or  claims,  and  the  items  $$££nd gf" - 
of  each  ;  and  after  certifying  such  bills  or  claims,  he  shall  P°s«d  of- 
deliver  such  of  them  as  may  have  been  referred  to  him  by 
the  common  council  to  the  finance  committee,  and  all 
others  to  the  comptroller.    He  shall  send  all  bills  or 
claims  rejected  by  him  to  the  common  council,  or  to  the ^ts^tdW. 
department  from  which  they  shall  have  come,  or  for  re- 
pairing wells  and  pumps  when  not  done  by  the  commis- 
sioner of  repairs  and  supplies,  or  for  cleaning  streets,  to 
the  aldermen  of  the  ward,  with  a  statement  accompany- 
ing each  of  them,  of  the  grounds  upon  which  he  shall  have 
rejected  them.    He  may,  if  he  deem  proper,  send  to  the 
common  council  such  rejected  bills  as  may  have  come 
from  the  departments. 

§  4.  He  shall  certify  no  bill  or  claim  payable  out  of  the  No  bin  to  be 
general  fund  unless  the  expenditure  shall  have  been  au-  mentouTo/the 
thorized  by  a  resolution  of  the  common  council,  or  by  SnSaShorfeed 

.  i      •      t  i  t  •  i    by  resolution  or 

ordinance ;  nor  m  any  case  authorized  by  ordinance  with-  ordinance, 
out  the  certificate  of  the  heads  of  the  department  directed 
by  such  ordinance  to  make  such  expenditure,  and  such 
other  vouchers  as  such  ordinance  may  prescribe. 


236 


JeSifeSf  §  &  IIe  shall  certify  no  bill  or  claim  payable  out  of  tlic 
jSflcatesf^11  special  fund  unless  upon  the  certificate  of  the  street  com- 
missioner and  counsellor  in  all  matters  of  opening  streets, 
parks  or  squares,  and  upon  the  certificate  of  the  street 
commissioner  and  a  city  surveyor  in  all  improvements, 
where  the  services  of  a  city  surveyor  are  employed,  except 
opening  of  streets  and  squares  as  aforesaid,  and  upon  the 
certificate  of  the  street  commissioner  in  all  other  cases 
certifying  that  the  claimant,  in  matters  of  opening  streets 
and  squares,  is  entitled  to  the  amount,  without  deduction 
for  any  assessment,  mortgage,  judgment  or  other  incum- 
brance, and  that  the  claimant  in  other  matters  has  fully 
and  faithfully  performed  his  contract,  or  furnished  the  ma- 
terials, and  is  entitled  to  the  amount,  and  that  all  penalties 
or  forfeitures  for  neglect  or  non-performance  of  the  con- 
tract have  been  deducted. 

war?fira£e  §  6'  He  slia11-  cert%  no  kill  for  repairing  wells  and 
Ste?thee^der.PumPs»  wiien  suctl  rePairS  shall  not  have  been  done  by 
,nen-  the  commissioner  of  repairs  and  supplies,  or  for  cleaning 

streets,  unless  upon  the  certificate  of  the  aldermen  of  the 
ward  of  the  amount  due,  and  that  the  contract  has  been 
fully  and  faithfully  performed,  and  all  penalties  deducted. 

Auditor  to  in-       R  7,  Noting  in  the  last  three  sections  contained  shall 

<imr&  into  the  °       .  ° 

legality  and      authorize  the  auditor  to  audit  any  bill  or  claim  not  incur- 

justice  of  all  n 

Mils.  red  under  due  authority  of  law,  or  for  work  or  services 

which  shall  not  have  been  rendered,  or  for  materials  or 
supplies  which  shall  not  have  been  furnished,  or  to  audit 
any  charges  which  shall  not  be  just  and  reasonable  or  ac- 
cording to  contract;  but  he  shall  reject  all  such  bills,  claims 
or  charges,  any  resolution  or  ordinance  of  the  common 
council,  or  certificates  to  the  contrary,  notwithstanding. 

£CationafroS  §  ^'  ska^  ^ave  Power  to  require  from  the  different 
officers'* city  officers  all  the  information  which  they  may  possess, 

and  to  exhibit  to  him  all  books,  contracts,  resolutions  and 


237 


other  papers  and  documents  in  their  respective  depart- 
ments, or  in  their  possession,  requisite  in  his  opinion  to 
discharge  his  duties  ;  and  it  is  hereby  made  the  duty  of 
all  the  city  officers  to  furnish  and  exhibit  the  same,  when 
so  required  by  him. 


AETICLE  YI. 

THE  COPMTROLLER. 

Section  1.  It  shall  be  the  duty  of  the  comptroller  to  ^comptroller, 
keep  the  accounts  of  the  general,  special  and  sinking  funds 
in  such  a  manner  as  to  exhibit  at  all  times  the  true  condi- 
tion of  said  funds,  and  of  each  account  and  appropriation 
thereof  respectively. 

§  2.  He  shall  draw  warrants  for  all  bills,  except  for  lo-  to  draw  war- 

<s,  .  .  rants  for  bills 

cal  improvements,  and  in  cases  otherwise  specially  pro-  audited  and 

1  7  .  passed  by  finance 

vided  for  by  ordinance,  when  such  bills  shall  be  duly  committee, 
audited  and  passed  for  payment  by  the  finance  committee 
of  the  common  council,  but  no  such  warrants  shall  be 
drawn  unless  the  sum  specified  therein  be  embraced  in  an 
appropriation  previously  made  for  the  purpose  by  the 
common  council.  He  shall  insert  in  such  warrant  a  dis- 
tinct reference  to  the  ordinance  or  resolution  making  the 
appropriation. 

§3.  He  shall  report  forthwith  to  the  common  council  T°reP°rt  J» 

o  l  common  council 

every  case  in  which  an  appropriation  shall  be  exhausted,  ZoSeS&^ 
the  object  of  which  shall  not  be  completed,  and  accompa- 
ny such  report  with  a  statement  of  the  moneys  which  have 
been  drawn  on  such  appropriation,  the  particular  purposes 
for  which  they  were  drawn,  the  cause  of  the  deficiency, 
and  an  estimate  of  the  amount  which  will  be  necessary  to 
complete  the  object  of  the  appropriation. 


238 


Smtofor awards  §4.  He  shall  draw  "warrants  to  pay  awards  and  ex- 
££toalS?orVe"  penses,  in  the  matter  of  opening  streets,  avenues  and 
cleaning  streets,  SquareSj  wilcn  they  shall  be  audited,  and  the  assessments 
for  the  purpose  shall  be  collected,  and  in  the  treasury,  in 
favor  of  the  persons  entitled  to  such  awards  and  expenses,  un- 
less there  be  assessments  in  the  same  matter  against  such  per- 
sons entitled  to  awards,  and  then  for  the  balance  of  award 
over  such  assessments,  upon  receiving  an  affidavit  from 
such  persons  that  they,  if  claiming  as  owners,  were,  at  the 
time  of  the  confirmation  of  the  commissioner's  report,  the 
owner  or  owners  of  the  property  taken,  and  that  there 
were  no  mortgages  or  liens  against  such  property,  or  judg- 
ment affecting  the  same,  to  the  best  of  their  knowledge  or 
belief,  except  as  stated  in  said  report ;  or  if  claiming  as 
mortgagees  or  judgment  creditors,  or  lien  holders  other- 
wise, that  their  mortgages,  judgments  or  liens  were,  at 
the  time  of  the  said  confirmation,  liens  for  the  amount 
claimed  on  the  land  taken,  and  remain  unpaid  for  such 
amount.  He  shall  draw  warrants  for  all  bills  and  ex- 
penses for  other  local  improvements  when  audited,  and 
when  the  assessments  shall  be  collected  and  in  the  treasury, 
in  favor  of  the  persons  entitled  to  receive  the  same.  He 
shall  also  draw  warrants  for  all  bills  for  cleaning  streets, 
and  for  repairing  wells  and  pumps  when  audited,  if  there 
be  money  in  the  treasury  appropriated  therefor,  in  fa- 
vor of  the  person  entitled  thereto. 

to  have  charge     §5.  He  shall  take  charge  of  all  the  real  estate  of  the 

of  the  real  estate       °  _  ° 

deedjandevi    corporation  held  in  its  own  right,  and  report  all  encroach- 
SS°findebt"ments  tnereon  to  tne  common  council,  and  take  charge  of 
and  preserve  all  deeds,  leases,  and  evidences  of  indebted- 
ness to  the  corporation. 

to  examine  and     §  6.  He  shall  examine,  adjust  and  settle  the  accounts  of 

settle  all  accounts   ,,  ,  .       ,  ,  _ 

due  the  city.  all  persons  indebted  to  the  corporation  for  any  purpose, 
furnish  bills  and  superintend  the  collection  of  rents,  and 
in  all  cases  when  he  shall  deem  it  necessary  or  proper, 


239 


after  consultation  and  with  the  approbation  of  the  mayor 
and  finance  committee,  direct  such  legal  proceedings  as 
may  be  necessary  to  secure  the  payment  of  such  rents  or 
debts,  or  to  obtain  possession  of  any  premises  belonging 
to  the  corporation. 

§  7.  He  shall  supervise  the  fiscal  concerns  of  all  officers  To  supervise 

,  .  , .  ,  .  .    fiscal  officers,  and 

of  the  corporation,  who  may  receive  or  disburse  the  pub-  direct  the  man- 

.  ,  ner  of  making 

lie  funds  of  the  city,  or  who  may  be  charged  with  the  returns 
management  or  custody  thereof,  and  prescribe  the  man- 
ner of  making  returns  or  statements  of  the  amount  of 
moneys  disbursed  or  received  by  them  or  either  of  them. 

§  8.  He  shall  report  to  the  common  council,  immediately  Toreport <ie- 
upon  its  discovery,  any  default  or  delinquency  by  any 
officer  of  the  corporation  in  respect  to  the  matter  men- 
tioned in  the  last  section,  or  otherwise  affecting  the  finan- 
ces of  the  city. 

§  9.  He  shall  issue  certificates  of  indebtedness  to  con-  To  issue  certm- 
tractors,  pursuant  to  sec.  13,  title  X.  of  the  city  charter,  ness  to  contrac- ' 
when  the  amount  thereof  shall  be  audited.    Such  certifi- 
cates shall  be  signed  by  the  mayor  and  clerk. 


AETICLE  VII. 

THE  COLLECTOR  OF  TAXES  AND  ASSESSMENTS. 

Section  1.    The  collector  of  taxes  and  assessments  The  collector  to 

furnish  a  memo- 

shall  annually,  before  the  annual  tax  rolls  shall  be  de-  randum  of  un- 

J  '  paid  taxes  ana 

liveredto  him,  prepare  a  list  of  all  taxes  and  assessments^8™.™^ 
remaining  unpaid  at  the  time  of  such  delivery,  and  of  all bills- 
sales  for  the  preceding  year  for  unpaid  taxes  and  assess- 
ments. He  shall,  before  collecting  the  annual  taxes,  note 
against  such  property  in  red  ink,  or  otherwise  upon  such 
tax  rolls  so  as  not  to  interfere  with  the  original  entries  on 
such  tax  rolls,  a  minute  of  any  such  unpaid  taxes  or  assess- 


240 


ments  upon,  or  sales  for  unpaid  taxes  or  assessments  of 
such  property.  He  shall,  at  the  time  of  delivering  any 
bill  for  taxes,  note  upon  such  bill  any  such  tax  or  assess- 
ment remaining  unpaid  upon  the  property  mentioned 
therein,  and  also  any  sale  of  such  property  for  any  unpaid 
tax  or  assessments. 

Jf°w£di£^e  §  2-  He  shall  have  charge  of  the  ward  maps,  and  shall 
keep  them  in  his  office,  accessible  to  the  assessors  and  the 
public. 

To  make  correc-     §  3  jje  shall,  whenever  any  error  shall  be  discovered 

tions  of  owners'        o  7  «/ 

waTdn^ps^  m  annual  tax  rolls,  in  the  name  of  any  person  taxed, 
or  in  the  description  of  the  property,  enter  the  correct 
name  in  red  ink  over  the  original  one  in  the  roll,  and  cor- 
rect the  ward  map  by  inserting  a  true  diagram  of  the  pro- 
perty separate  from  the  map,  or  by  an  alteration  of  the 
map  itself  when  it  can  be  done  without  injury  thereto. 

To  advertise        §  4.  He  shall,  at  least  once  in  every  month,  cause  all 

lands  for  unpaid  .  .  1  .  .  .  ,  - 

liens.  lands  upon  which  assessments  shall  remain  unpaid,  to  be 

advertised  and  sold  pursuant  to  sections  24  and  26,  of 
title  V,  of  the  city  charter,  and  require  payment  in  cash 
on  the  day  of  sale  of  the  sums  bid  at  such  sale. 

?o°makfappo0r-s  §  5.  He  Shall,  whenever  any  tax  or  assessment  shall 
taxe™o?L°sfess-  have  been  erroneously  made  as  regards  the  ownership  of 
ments'  any  lands,  so  as  to  require  merely  an  apportionment  be- 

tween different  owners  thereof,  of  the  amount  of  such  tax 
or  assessment,  and  an  affidavit  shall  be  furnished  him, 
showing  the  true  limits  of  each  ownership  in  such  lands, 
and  the  names  of  the  different  owners,  transmit  such  affi- 
davit to  the  board  of  assessors,  with  a  statement  of  the 
manner  in  which  such  tax  or  assessment  is  laid,  and  of  the 
amount,  with  a  request  to  such  board  to  make  such  ap- 
portionment. 

§  6.  He  shall,  whenever  any  erroneous  tax  or  assess- 


241 


ment  shall  be  rectified  by  the  common  council,  and  such 
rectification  shall  be  certified  to  him  in  writing  by  the 
city  clerk,  cause  a  minute  thereof  to  be  entered  in  red  ink 
upon  the  original  tax  or  assessment  roll. 


AKTICLE  VIII. 

THE  ATTORNEY  AND   COUNSELLOR    AND  ASSISTANT 
ATTORNEY. 

Section  1.  The  attorney  and  counsellor  shall  himself,  or  Attorney  and 

<J  '       counsellor  to  ap- 

by  his  own  proper  substitute,  appear  for  and  conduct  or  de-  J®"^ ttStK1" 
fend,  all  actions  and  legal  proceedings,  on  behalf  of  thecit^ 
city,  in  all  courts  and  places,  where  the  city  shall  be  re- 
quired, except  as  in  this  article  provided  to  be  done  by 
the  assistant  attorney. 

§  2.  He  shall,  whenever  requested  by  the  common  To  give  advice, 
council,  the  mayor,  or  head  of  any  department  of  the  cor- 
poration, to  give  his  opinion,  do  so  in  writing,  and  such 
opinion  shall  be  filed  with  the  city  clerk,  or  in  the  office 
of  the  mayor  or  department  requiring  the  same  re- 
spectively. 

§  3.  He  shall  conduct  all  proceedings  for  opening  or  Je°ecffnn4ni?onen. 
closing  streets,  avenues  and  squares,  and  all  local  improve- ing  Ptreets- 
ments  where  the  intervention  of  commissioners  shall  be 
necessary,  under  the  constitution  and  laws  of  the  state ; 
advise  such  commissioners  in  the  performance  of  their  du- 
ties, and  attend  on  all  requirements  in  court  in  relation  to 
such  proceedings. 

§  4.  He  shall  keep  a  register,  in  which  shall  be  entered  to  beep  regis. 

.         .  ters. 

a  minute  of  all  proceedings  in  any  action  prosecuted  or  de- 
fended by  the  city,  except  as  in  this  article  provided  to  be 
kept  by  the  assistant  attorney ;  and  also  a  separate  regis- 


242 


ter,  in  which  shall  be  entered  all  proceedings  had  by  him 
in  matters  of  local  improvements. 


Munto?reo5pto  §  &  He  shall  enter  in  snch  registers  a  minute  of  all 
menta,  and  to    moneys  received  or  disbursements  by  him  necessarily  paid 

account  therefor.  .  .  J  r 

m  any  action  or  proceeding  or  otherwise,  and  shall 
monthly  make  a  return  to  the  comptroller,  of  all  mo- 
neys so  paid  out  and  received,  showing  the  items  in 
each  case,  and  the  action  or  proceeding  or  purpose  in  and 
for  which  the  same  shall  have  been  received  or  paid  out, 
and  shall,  at  the  same  time,  pay  the  moneys  so  received  to 
the  treasurer.  The  financial  officers  of  the  city  are  hereby 
authorized  to  audit  and  pay  the  said  disbursements,  and  to 
draw  warrants  therefor. 

§  6.  He  shall  annually,  on  or  before  the  first  Monday 
rfbustae "ffhis  °f  November,  and  as  often  as  the  common  council  shall 
office  annually,  fljj^  rep0rt  to  the  common  council  the  condition  of  the 
business  in  his  office,  specifying  the  different  actions  and 
proceedings  which  may  be  pending  separately,  except  for 
violation  of  ordinances ;  the  time  when  they  were  severally 
commenced,  and  the  then  present  position  of  each. 

to  appoint  an  §  7.  He  sh^ll  employ  a  suitable  person  of  the  degree  of 
counsellor  at  law,  at  a  salary  of  eighteen  hundred  dollars 
per  year,  to  be  called  the  assistant  attorney,  who  shall  per- 
form the  duties  hereinafter  required  of  such  assistant,  but 
this  section  shall  not  require  an  appointment  in  place  of 
the  present  incumbent  or  corporation  attorney,  who  shall 
perform,  for  the  residue  of  his  term,  the  duties  by  this  or- 
dinance devolved  upon  the  assistant  attorney. 

Assistant  to  pre-     §  8.  The  assistant  attorney  shall,  subject  to  the  direction 
:  >r  counsellor,    of  the  counsellor,  whenever  any  action  shall  be  commenced 
against  the  city,  or  any  proceeding  instituted  to  which  the 
city  shall  be  a  party  respondent  or, defendant,  examine  into 


243 


the  facts  and  ascertain  as  fully  as  practicable  the  grounds 
upon  which  such  action  or  proceeding  shall  be  based,  and 
of  the  defence,  if  any  there  be  thereto,  and  report  the  same 
in  writing  to  the  counsellor,  with  the  testimony,  and  names 
of  witnesses,  which  it  will  be  in  the  power  of  the  city  to 
produce  on  the  trial  or  hearing  thereof. 

§  9.  The  assistant  attorney  shall,  subject  to  the  direction  And  prosecute 

°  to  claims  in  favor 

of  the  counsellor,  prosecute  all  actions  in  behalf  of  the oftbe  ce- 
city, for  the  collection  of  all  claims  due  to  it  for  purposes 
other  than  for  local  improvements ;  but  he  may  in  impor- 
tant or  intricate  cases  require  the  aid  of  the  counsellor  in 
such  actions. 

§  10.  The  assistant  attorney  shall,  subject  to  the  direc.  An<i  prosecute 

°  J  •>        J  for  violation  of 

tions  of  the  counsellor,  prosecute  all  actions  for  penalties  ordinances, 
for  violations  of  ordinances ;  and  shall,  in  a  register  pro- 
vided for  the  purpose,  enter  the  nature  of  the  complaint, 
against  whom  and  by  whom  made,  and  the  time  such  com- 
plaint shall  be  made  to  him,  with  all  the  proceedings  taken 
by  him,  to  collect  such  penalties.  He  shall,  in  all  cases, 
cause  the  judgment  of  the  court  therein  to  be  executed 
forthwith.  If  such  judgment  shall  be  appealed  from,  he 
shall  conduct  the  proceedings  on  such  appeals,  but  may  re 
quire  the  aid  of  the  counsellor  when  necessary. 

§  11.  The  assistant  attorney  shall,  when  directed  by  theT<>  draw  convey- 
counsellor,  draw  any  leases,  deeds,  or  other  legal  papers  section  of  coun- 
for  the  city,  and  when  drawn,  submit  them  to  the  coun- 
sellor for  his  approval. 


to  cenwraris. 


§  12.  The  assistant  attorney  shall,  subject  to  the  direc-  To  make  returns 
tion  of   the  counsellor,  whenever  a  certiorari  shall  be 
issued  against  the  city  removing  any  proceedings,  make 
return  thereto  within  forty  days,  unless  the  court  shall 
order  it  to  be  done  sooner.    He  shall  immediately  notice 


244 


Appearances  in 
actions  by  or 


the  same  for  argument,  and  furnisli  the  counsellor  with 
all  such  papers  as  may  be  necessary  therefor. 

§  13.  The  said  attorney  and  counsellor  and  the  said  as- 
asainst  the  city.  sistant  attorney  are  hereby  respectively  authorized  to  ap- 
pear in  and  to  conduct  or  defend  for  and  on  behalf  of  the 
city  any  action  or  proceeding  in  this  article  before  men- 
tioned, to  be  brought  or  defended  by  them  respectively. 

§  14.  The  counsellor  shall  nominate  to  the  mayor,  who 
shall  appoint  one  of  the  constables  of  the  city,  who  shall 
serve  all  process  issued  by  or  in  the  name  of  the  city, 
board  of  health,  and  all  subpoenas  issued  on  their  behalf; 
and  who  shall  return  monthly  to  the  counsellor,  a  detailed 
statement  of  all  process  and  subpoenas  served  by  him  be- 
fore receiving  his  compensation  for  such  service,  which 
compensation  is  hereby  fixed  at  three  hundred  dollars  a 
year  each,  in  place  of  all  fees  and  perquisites  for  such 


Counsellor  to 
nominate  two 
constables  to 
serve  process. 


service. 


ARTICLE  IX. 


Treasurer  to 
make  weekly 
returns  to  the 
comptroller. 


To  deposit  mon- 
eys daily. 


THE  TREASURER. 

S 

Section  1.  The  treasurer  of  the  city  shall  make  a  re- 
turn weekly  to  the  comptroller  of  all  moneys  received  by 
him,  and  from  whom,  and  on  what  account  they  shall  have 
been  received ;  also  of  all  moneys  paid  out  by  him,  and 
on  what  account  they  shall  have  been  paid. 

§  2.  He  shall  deposit  daily,  to  the  credit  of  the  city,  all 
moneys  received  by  him,  in  some  one  of  the  banks  se- 
lected by  the  common  council  for  that  purpose,  and  in  de- 
fault of  any  such  selection,  or  in  case  the  banks  so  selected 
shall  have  on  deposit  moneys  of  the  city  equal  to  one- 
quarter  part  of  their  capital  respectively,  actually  paid  in, 
then  in  such  banks  paying  to  their  stockholders  half-yearly 
dividends  of  profits,  as  he  may  think  fit>  but  no  greater 


amount  shall  be  deposited  in  any  bank  than  shall  be  equal 
to  one-quarter  part  of  its  capitalstock. 


§3.  In  case  he  shall  hereafter  deposit  any  moneys  in  Toreport  to  corn- 
banks  other  than  those  selected  by  the  common  council,  he  bynMms.elected 
shall  report  to  the  common  council  the  names  of  the 
banks  in  which  he  shall  so  deposit,  and  the  terms,  if  any, 
upon  which  such  bank  or  banks  shall  have  received  the 
deposits ;  and  thereupon  and  until  some  different  order  by 
the  common  council  in  relation  to  the  deposit  of  such, 
moneys,  such  bank  or  banks  shall  be  deemed  to  be  deposit 
banks  of  the  city  of  said  moneys,  and  of  any  further  mon- 
eys, upon  the  terms  upon  which  he  shall  have  agreed  with 
said  bank  or  banks  to  receive  them. 

§  4.  He  shall,  whenever  anv  deposit  bank  of  the  city  to  withdraw  de- 

°  ,  ,.      t  ~  .     posits  from  non- 

shall  omit  to  pay  half-yearly  dividends  of  profits  to  its  jjjjjgj11*1  p»w 
stockholders,  immediately  draw  out  such  moneys  of  the 
city  as  may  be  on  deposit  therein,  and  deposit  the  same  in 
some  other  bank  or  banks  under  the  restriction  mentioned 
in  sections  two  and  three  of  this  article ;  and  the  financial 
officers  of  the  city  are  hereby  authorized  to  draw  the  ne- 
cessary warrant  or  warrants  of  transfer  for  the  purpose. 

§  5.  He  shall,  whenever  the  moneys  of  the  city  on  de-  To  withdraw 

...  ,,  .  ,     moneys  when 

posit  in  any  bank  or  banks  are  m  his  opinion  in  jeopardy,  they  may  be  in 
draw  them  out  of  such  banks  with  the  consent  of  the  may-Je°palU7' 
or  and  finance  committee,  and  deposit  them  in  some  other 
bank  or  banks,  under  the  restriction  mentioned  in  sections 
two  and  three  of  this  article ;  and  the  financial  officers  of 
the  city  are  hereby  authorized  to  draw  the  necessary  war- 
rant or  warrants  of  transfer  for  the  purpose. 


246 


ARTICLE  X. 

THE  CITY  CLERK. 

city  clerk  to        Sectiox  1.    The  city  clerk  by  virtue  of  his  office  is 

keep  minutes  of    ,     ,        p    .  . ,      p    ,       .   .      ,  , 

the  different     clerk  oi  the  common  council,  oi  the  ioint  board  01  the 

boards.  *  .    '  _  ,  J  . 

common  council  and  supervisors  of  the  city,  of  the  board 
of  canvassers  of  votes  given  for  city  and  ward  officers,  of 
the  board  of  excise,  and  of  the  board  of  health ;  and  it 
shall  be  his  duty  to  attend  the  meetings  of  the  said  board, 
respectively,  and  keep  correct  journals  and  minutes  of  the 
proceedings  thereof,  and  record  the  same  in  separate  books 
to  be  kept  in  his  office. 

To  have  custody     §  2.  He  shall  have  the  custody  and  charge  of  the  cor- 

of  the  corporate        u  -i    i    n  . 

seal  porate  seal  of  the  city,  and  shall  cause  it  to  be  affixed  to 

such  instruments  and  writings  as  he  may  be  authorized  to 
do  by  any  resolution  or  ordinance  of  the  common  council, 
or  as  may  be  necessary  to  exemplify  any  document  of  re- 
cord in  his  office  or  to  certify  auy  act  or  paper,  which  from 
the  records  in  his  office  shall  appear  to  have  been  a  public 
act  of  this  corporation,  or  a  public  document.  He  shall 
not  affix  the  said  seal,  or  cause  or  permit  it  to  be  affixed 
to  any  instrument  or  writing  or  other  paper,  except  as  in 
this  section  provided,  unless  required  to  do  so  by  some 
statute  of  the  state. 

And  of  the  city  §  8.  He  shall  have  the  custody  and  charge  of,  and  shall 
documents.  safely  keep  all  records,  documents,  papers  and  maps  in 
proper  files,  and  also  the  printed  books  and  documents 
belonging  to  the  city,  or  to  the  late  towns,  villages  and 
cities  of  Brooklyn,  Williamsburgk  and  Bushwick,  or  to 
belong  to  the  city,  except  such  as  shall  necessarily  per- 
tain to  the  business  of  any  other  department  of  the  city, 
or  be  transferred  thereto  by  order  of  the  common  coun- 
cil. 


247 


§  4.  He  shall  cause  all  ordinances,  by-laws,  rules  or  res;- To  engross  the 

u  CJ  ordinances. 

ulations  passed  by  the  common  council  imposing  a  penal- 
ty, or  prescribing  or  regulating  the  duties  of  the  city 
officers,  to  be  carefully  and  fairly  engrossed  in  books  to  be 
provided  for  the  purpose.  He  shall  engross  all  such  or- 
dinances, by-laws,  rules  and  regulations,  except  such  as 
shall  be  passed  under  the  provisions  of  sub-divisions  22 
and  23,  of  section  13  of  title  II.  of  the  city  charter,  and 
except  such  as  may  be  of  a  similar  character,  that  is  of  a 
special  application,  in  a  separate  book,  to  be  known  as  the 
records  of  general  ordinances.  He  shall  engross  all  such 
ordinances,  by-laws,  rules  or  regulations  as  are  hereby  ex- 
cepted from  the  book  of  general  ordinances,  in  a  separate 
book  to  be  known  as  the  record  of  special  ordinances.  He 
shall  cause  each  ordinance,  by-law,  rule  or  regulation 
when  so  engrossed  to  be  signed  by  himself  as  clerk,  and 
also  by  the  mayor.  He  shall  engross,  after  each  general 
ordinance,  a  copy  certified  by  himself,  of  the  proof  of  the 
due  publication  thereof ;  but  his  omission  to  engross  any 
such  ordinance,  by-law,  rule  or  regulation,  or  proof  of  pub- 
lication thereof  as  directed,  shall  not  impair  or  affect  its 
validity  in  any  respect. 

§  5.  He  shall,  upon  the  final  passage  of  any  ordinance  And  publish 
or  resolution  of  the  common  council,  prepare  a  copy  of 
such  as  require  a  publication  under  the  charter,  or  by  the 
provisions  of  such  ordinance,  and  cause  the  same,  properly 
attested,  to  be  published  in  the  corporation  newspapers, 
and  shall  file  in  his  office  the  requisite  proofs  of  such  pub- 
lication. 

§  6.  He  shall  cause  entire  copies  of  all  reports  of  com-  To  engross  re- 
mittees of  the  common  council  and  of  the  city  officers,  te°eTa£ddt?m 
after  they  shall  have  been  finally  acted  upon  by  the  com- officer3, 
mon  council,  together  with  a  statement  of  the  action  there- 
on, to  be  made  in  proper  books,  to  be  kept  for  that  pur- 
pose with  proper  indexes. 


248 


nanSSSd?^  §  7*  He  sna11  without  delay  present  to  the  mayor  every 
apprm-ai'oftbo  ordinance  or  resolution  of  the  common  council,  required 
m&y0T'  to  be  acted  upon  by  the  said  mayor,  duly  certified,  and  as 

soon  as  practicable  after  final  action  shall  be  had  in  the  pas- 
To  famish  copy  saee  of  any  special  ordinance  or  resolution,  deliver  a  certified 

resolutions  to  J     L  7 

officers.  copy  or  statement  of  .the  same  to  the  departments  or  officers 
of  the  common  council,  to  whom  such  ordinance  or  reso- 
lution may  refer,  and  to  all  committees,  such  resolutions 
and  communications  as  may  be  referred  to  them  by  the 

To  issue  notices,  common  council.  He  shall  issue  notices  to  the  respective 
members  of  the  different  committees  of  the  board,  and  all 
persons  whose  attendance  may  be  required  upon  such  com- 
mittee, when  directed  so  to  do,  by  the  chairman  thereof, 
to  be  served  by  the  messenger  of  the  common  council. 

To  keep  an  ac-      §  8.  He  shall  keep  an  accurate  account  of  all  warrants. 

count  of  war-  v  .  • A      v.         .  ' 

rants  on  the  countersigned  by  him,  directing  moneys  to  be  drawn  from 
the  treasury,  in  a  book  to  be  provided  for  that  purpose, 
showing  the  date,  amount  and  number  of  each,  the  account 
to  which  the  same  shall  be  charged,  and  the  bank  upon 
which  it  shall  be  drawn  or  by  which  it  shall  be  directed  to 
be  paid. 

To  receive  H-        §  9.  He  shall  countersign  all  licenses  granted  by  the 
cense  moneys.    may0r  or  common  council  under  the  charter  and  ordi- 
nances of  the  city,  and  receive  all  sums  paid  for  the  same. 


To  keep  and  ren-  §  10.  He  shall  enter  into  a  book  provided  for  that  pur- 
ser an  account  of  , ,  r>    n  ry  i  •  i  i 

aii  moneys  re-  pose  the  names  of  all  payers  of  moneys  which  he  may  re- 
eiv.db}  him.  QQ^YQ  £Qr  ^  amounts  so  received  and  the  object 

thereof,  and  shall  render  a  faithful  and  distinct  account  of 
all  such  moneys  to  the  comptroller  monthly,  and  there- 
upon pay  over  the  same  to  the  treasurer  of  the  city. 

To  furnish  fire-  §  11-  He  sna^  furnish  the  certificate  required  to  be  fur- 
cates*certm"    nished  to  all  persons  appointed  firemen  without  fee  or 


eward. 


249 

§12.  In  the  absence  of  the  city  clerk,   in  conse-  Assistant  clerk, 
quence  of  sickness  or  otherwise,  the  assistant  clerk  shall 
be  empowered  to  perform  all  the  duties  of  the  city  clerk. 

ARTICLE  XL 

ASSESSORS. 

Section  1.  The  board  of  assessors  shall  regularly  meet  Assessors  to 

°  ,  meet  weekly. 

once  in  each  week,  except  daring  the  summer  recess,  if  any, 
of  the  common  council,  on  such  day  and  hour  as  they  shall, 
by  their  own  by-laws,  determine,  and  as  much  oftener  as 
may  be  necessary,  for  the  purpose  of  hearing  parties  inter- 
ested in  assessments,  as  well  before  as  after  the  same  shall 
be  made,  -and  for  the  transaction  of  any  other  business 
which  may  come  before  them. 

§  2.  The  secretary  of  the  board  shall  call  the  roll  of  secretary  to 
members  at  that  hour,  and  shall  keep  minutes  of  the  pro.keepminute- 
ceedings  of  the  board  in  a  book  provided  for  that  purpose, 
and  enter  therein  the  names  of  the  members  attending  at 
each  meeting. 

§  3.  The  board  of  assessors  shall  apportion  any  errone- Assessors  to  ap. 
ous  tax  or  assessment  which  shall  be  sent  to  them  by  the  an? aSessments 
collector  of  taxes  and  assessments,  pursuant  to  the  provi- 
sions of  this  ordinance,  and  deliver  the  apportionment  and 
affidavit  and  statement  sent  them  by  the  collector  to  the 
person  or  persons  mentioned  therein,  for  the  purpose  of 
being  annexed  to  their  petition  to  the  common  council  for 
the  correction  of  such  error. 

ARTICLE  XII. 

CITY  SURVEYORS. 

Section  1.  Every  city  surveyor  shall  reset  all  monu- city  surveyor? 

J        J  n  .  to  reset  monu- 

ments which  shall  be  dug  down,  covered  over  or  in  any  way  ments. 

17 


250 


disturbed  in  grading  any  street  or  avenue  under  his 
charge. 

Toftunishoe^  g  2.  Every  city  surveyor  shall,  whenever  required  by 
lone.  the  street  commissioner,  furnish  a  certificate  of  the  amount 

in  value  of  work  done  by  any  contractor  for  any  local  im- 
provement in  his  charge,  and  also,  at  the  final  completion 
of  the  work,  and  not  otherwise,  furnish  the  street  commis. 
sioner  a  certificate  that  the  work  has  been  completed  accord- 
ing to  contract. 


ARTICLE  XIII. 

INSPECTORS  OF  PAVEMENTS. 

inspectors  of        Section  1.  The  inspectors  of  pavements  shall  superintend 

pavements  to  r  i  r 

lin^aud  pavS»  ^Q  &rac^m&>  turnpiking,  setting  curb  and  gutter,  and  paving 
streets.  0f  aft  streets,  avenues  and  alleys  done  under  contract,  and 

the  relaying  of  the  pavement  of  any  street  where  the  same 
shall  be  removed  in  the  laying  of  gas  pipes,  water  pipes, 
railroad  tracks,  or  for  any  other  purpose. 

[ndSteriais^  §  ^.  They  shall  attend  the  work  as  it  progresses,  and 
inspect  all  paving,  curb  and  gutter  stones,  and  stones 
for  crosswalks,  also  the  gravel  under  and  covering  upon 
the  pavements,  the  width  and  gravelling  of  the  sidewalks, 
the  manner  of  paving  and  all  the  materials  and  work  used 
or  done  under  such  contract  with  the  city  ;  and  they  shall, 
if  any  materials  shall  be  bought  or  used  upon  any  such 
street,  avenue  or  alley  not  of  the  size  or  quality  specified  by 
the  contract  or  ordinance,  or  any  work  be  not  properly 
done,  direct  the  contractor  to  remove  such  materials  imme- 
diately therefrom,  and  to  take  up  such  work,  and  if  the 
same  shall  not  be  removed  within  two  hours  thereafter,  they 
shall  cause  it  to  be  done,  and  report  the  expense  thereof  to 
the  street  commissioner,  which  expense  shall  be  deducted 
from  the  amount  of  the  contract. 


251 


§  3.  They  shall,  upon  the  completion  of  any  such  con-  J^^JJ^  Jhcn 
tract,  and  not  otherwise,  certify  the  same  in  writing  to  the  ^gii  be  com- 
street  commissioner. 

ARTICLE  XIV. 

CLERK  OF  THE  MARKETS  AND  INSPECTORS  OF  MEAT. 

Section  1.  The  clerk  of  the  markets  shall  have  charge  S-wsdutTe"" 
of  the  James  street  market,  owned  by  the  city ;  take  care 
of  the  buildings  thereof ;  attend  therein  daily ;  collect  all 
market  fees  and  rent,  as  fixed  by  the  market  committee, 
weekly  or  sooner,  as  they  become  due ;  cause  such  mar- 
ket and  limits  to  be  kept  clean  ;  determine  all  questions 
between  butchers,  fish-mongers  or  hucksters,  touch- 
ing their  relative  rights  of  location  in  and  about  such  mar. 
ket ;  assign,  so  as  not  to  interfere  with  the  public  travel? 
for  the  purpose  of  selling  fruits,  vegetables,  country  meat, 
fish,  or  other  articles,  under  the  direction  and  permission 
of  the  market  committee  to  the  parties  so  permitted,  their 
stands  within  the  market  limits  as  heretofore  used,  namely, 
from  the  market  in  market  street  to  Fulton  street,  in  James 
street,  from  Mercein  street  to  a  point  midway  between  the 
market  and  Main  street,  and  in  York  street,  from  the  mar- 
ket to  Main  street,  and  in  Mercein  street  and  Garrison 
street,  adjoining  the  market ;  keep  a  list  of  all  persons  oc- 
cupying said  market  or  any  portion  thereof,  or  of  the 
limits  thereof,  who  shall  be  liable  to  pay  rent,  fees  or  li- 
cense, with  the  time  of  the  commencement,  and  of  the  ter- 
mination of  such  occupation  and  the  amount  collected 
from  each  ;  exclude  and  remove  from  the  market  or  mar- 
ket limits  all  articles  whether  of  sale  or  used  for  the  pur- 
pose of  sale,  unless  in  pursuance  of  a  license  or  permit ; 
inspect  monthly  or  oftener,  as  may  be  necessary,  all 
weights,  measures,  beams  and  scales,  used  in  and  about  the 
market  in  weighing  and  measuring ;  perform  in  and  about 


252 


the  market  the  duties  which  arc  required  of  the  meat  in- 
spector by  this  ordinance,  as  to  shops  and  dealers  in  meat; 
follow  such  directions  as  may  be  given  him  by  the  market 
committee  in  relation  to  such  market ;  and  report  forth- 
with all  violations  of  the  ordinances  in  respect  of  the  mat- 
ters pertaining  to  his  office  to  the  assistant  attorney. 

melT-thei?f  §  ^*  ^G  inspectors  of  meat  shall  visit  daily  in  the  fore- 
dnties.  noon  the  different  shops  or  places,  other  than  the  market 

owned  by  the  city,  where  meats  shall  be  exposed  for  sale 
in  the  districts  assigned  them  respectively  by  the  mayor, 
and  ascertain  whether  any  meat  there  offered  for  sale  is 
unwholesome,  or  is  the  flesh  of  any  animal  dead  by  acci- 
dent or  disease ;  caution  purchasers  against  any  so  ascer- 
tained, and  forthwith  report  to  the  assistant  attorney  for 
'  prosecution,  all  persons  selling  or  exposing  the  same  for 
sale  or^otherwise  violating  the  provisions  of  the  ordinance 
for  the  preservation  of  the  public  health  ;  they  shall  as- 
certain the  names  and  location  of  all  dealers  in  meat  in 
their  respective  districts  except  in  the  market  owned  by 
the  city,  and  report  the  same  to  the  assistant  attorney  on 
the  "first  Monday  of  every  month,  designating  in  such  re- 
port such  as  are  licensed,  and  such  as  are  not  licensed ; 
they  shall  visit  daily  the  different  slaughterhouses  in  their 
respective  districts  and  ascertain  whether  they  conform 
to  the  ordinances  affecting  them,  and  especially  to  the  pro- 
visions of  the  ordinance  for  the  preservation  of  the  pub- 
lic health";  they  shall  report  forthwith  to  the  assistant 
attorney  for  prosecution  all  violations  thereof,  and  they 
shall  follow  such  directions  as  may  be  given  them  from 
time  to  time  by  the  market  committee. 

Adopted  in  common  council  December  26,  1856. 

Approved  by  the  mayor  December  30,  1856. 


253 


CHAPTER  II. 

AN  ORDINANCE  PROVIDING  TO  LICENSE  AND  REGULATING 
CARTMEN,  OWNERS  AND  DRIVERS  OF  HACKS,  CABS, 
OMNIBUSES,  STAGES,  TRUCKS,  CARRIAGES  FOR  THE 
TRANSPORTATION  OF  PASSENGERS  AND  ARTICLES  OF 
VARIOUS  KINDS,  AND  OF  RAILROAD  CARS,  BUTCHERS, 
COMMON  CRIERS,  HAWKERS,  PEDDLERS,  PAWNBROKERS, 
JUNKSHOP  KEEPERS,  SWEEPS  AND  SCAVENGERS;  AND 
FIXING  THE  RATES  OF  COMPENSATION  OF  CERTAIN  OF 
THEM. 

The  Common  Council  of  the  City  of  Brooklyn  do  ordain  as 
follows : 

AKTTCLE  I. 

OF  LICENSES. 

Section  1.  Licenses  shall  be  granted  by  the  mayor,  JjJJJJJJ^y  be 
from  time  to  time,  to  such  persons  as  he  may  deem  prop-  mayor, 
er,  residents  of  the  city  of  Brooklyn,  of  the  age  of 
twenty-one  years,  and  of  good  moral  character,  and  not 
otherwise,  to  carry  on  the  business  or  trade,  or  to  act  in 
the  capacity  of  coachmen,  porters,  owners  and  drivers  of 
hacks,  cabs,  omnibuses,  stages,  express  wagons,  peddlers' 
wagons,  and  junk  wagons  or  carts ;  and  of  common  criers, 
hawkers,  peddlers,  pawnbrokers,  junkshop  keepers,  sweeps, 
scavengers,  butchers,  and  meat-sellers ;  but  no  person  shall 
be  licensed  as  a  cartman,  except  as  a  dirt  cartman,  unless 
he  shall  own  a  good  horse  and  cart  over  and  above  all 
debts  due  by  him,  and  shall  be  a  citizen  of  the  United 
States ;  and  no  person  shall  be  licensed  as  a  keeper  of 
hacks,  cabs,  omnibuses  or  stages,  unless  he  shall  be  the 
owner  of  two  good  horses  and  of  a  good  hack,  cab  or  om- 
nibus, and  be  a  citizen  of  the  United  States. 

§  2.  All  licenses  granted  for  the  purposes  mentioned  in  what  to  contain, 
the  preceding  section  of  this  article,  shall  expire  on  the 


254 


first  Monday  of  May  next  after  the  same  shall  be  granted, 
and  shall  respectively  state  the  purpose  for  which  they 
shall  be  granted,  the  number  of  the  license  and  the  name 
of  the  person  licensed  ;  and  in  case  of  omnibuses  and  stage 
coaches  shall  also  state  the  avenues  and  streets  to  which 
their  route  shall  be  limited. 

fberefor0.bepaid  §  3-  Tliere  shall  be  charged  and  paid  to  the  city  clerk, 
for  the  use  of  the  city,  on  issuing  the  licenses  mentioned 
in  this  article,  the  following  sums : 

For  each  stage  or  omnibus,  ten  dollars. 

For  each  hack,  cab,  express  wagon,  peddler's  wagon, 
junk  wagon  or  cart,  peddler  or  junk  dealer,  three  dollars. 

For  each  dock  or  furniture  cart,  one  dollar  and  fifty 
cents. 

For  each  dirt  cart,  fifty  cents. 

Fot?  each  charcoal,  fish,  fruit  or  vegetable  wagon,  truck 
or  cart,  two  dollars. 

For  each  pawnbroker,  fifty  dollars. 

For  each  butcher  or  meat  dealer,  one  dollar. 

For  each  driver  of  a  hackney  coach,  cab  or  omnibus, 
other  than  the  person  licensed  to  keep  the  same,  one 
dollar. 

ARTICLE  n. 

REGULATIONS  OF  LICENSED  PERSONS. 

renames  upon      Section  1.    Any  person  licensed  as  authorized  bv  the 

licensed  persons.  . 

first  article  of  this  ordinance,  who  shall  violate  any  pro- 
vision of  this  ordinance,  shall  be  liable  to  pay  a  penalty 
of  ten  dollars  for  each  offence. 

For  taking  &  2.  No  person  licensed  as  aforesaid,  shall  ask,  demand, 

srreater  compen-        v  x 

sation  than  that  or  \)q  entitled  to  receive  any  lamer  sum  for  his  services, 

fixed  hy  this  J        c  ' 

ordinance.  jn  cases  where  his  compensation  is  fixed  by  this  ordinance, 
than  is  so  fixed ;  and  in  case  of  disagreement  as  to  his 
compensation,  whether  under  the  provisions  of  this  ordi- 


255 

nance  or  in  cases  where  the  compensation  is  not  fixed 
hereby,  the  same  shall  be  determined  by  the  mayor. 

§  3.  No  person  licensed  as  aforesaid  shall,  in  cases  where  J^jjj**^ 
the  rate  of  compensation  for  the  service  performed  by  him 
shall  be  fixed  by  ordinance,  refuse  or  neglect  to  exhibit  to 
the  person  employing  or  dealing  with  him,  when  request- 
ed so  to  do,  a  card  or  book,  on  which  shall  be  printed  or 
plainly  written  his  name,  the  capacity  in  which  he  shall 
be  licensed,  the  number  of  his  license,  and  the  rates  of 
compensation  fixed  for  his  services  by  this  ordinance ;  or, 
if  he  be  licensed  as  a  hack  owner  or  driver,  shall  neglect 
"to  place  a  similar  card,  with  the  name  both  of  owner  and 
driver,  in  addition,  in  each  hack,  so  that  it  shall  be  obvi- 
ous to  all  passengers  therein. 

§  4.  No  person  licensed  as  aforesaid  shall  refuse  or  neg-  JJjjSSlSf 
lect  to  act  within  the  city  in  the  capacity  for  which  he censed  caPacit-v 
shall  be  licensed,  upon  being  applied  to  for  that  purpose, 
when  on  his  stand  or  otherwise  publicly  waiting  for  em- 
ployment, and  upon  being  tendered  the  fare  for  the  same 
as  fixed  by  ordinance,  by  any  person  requiring  the 
service. 

§  5.  No  person  licensed  as  aforesaid,  shall  stand  waiting  For  obstructing 

'  the  streets. 

for  employment  with  his  vehicle  in  any  street,  high- 
way or  public  place,  except  as  now  established  or  accus- 
tomed, or  as  shall  be  hereafter  designated  by  the  mayor, 
who  shall  have  power  to  make  such  designation,  and  to 
alter  the  same  from  time  to  time,  as  well  the  stands  now 
established  or  accustomed  as  those  to  be  designated  ;  nor 
shall  anv  person  so  licensed  refuse  or  neglect  to  conform  For  neglecting  u 

J   x  °  comply  with 

to  such  regulations  as  shall  be  adopted  by  the  mayor,  in  jj*  'ggjjj 
regard  to  the  order  or  arrangement  of  vehicles  on  such 
stands,  who  is  hereby  authorized  to  make  such  regulations 
from  time  to  time  as  he  may  deem  proper. 

§  6.  No  person  licensed  as  aforesaid  shall  be  entitled  toSjSJ'fflo 
transfer  his  license,  or  shall  permit  others  to  act  under  the SSSaT 


25G 


same,  or  shall  violate  any  restrictions  contained  in  his  li- 
cense; but  each  license  shall  authorize  the  person  named 
therein,  and  no  other  person,  to  act  in  the  capacity  therein 
designated,  except  in  case  of  sickness  of  the  person  so  li- 
censed, in  which  case  the  mayor  may  in  writing  permit 
another  person  to  act  for  and  on  behalf  of  the  one  sick  du- 
ring such  sickness,  and  revoke  such  permission  at  plea- 
sure, and  the  provisions  and  penalties  of  this  ordinance 
shall  apply  to  the  person  so  permitted  in  the  same  man- 
ner and  extent  as  far  as  may  be  as  if  he  were  licensed  un- 
der this  ordinance. 

•mmSofhis  §  **  Every  person  licensed  as  aforesaid  shall  have  the* 
license  on  his    number  of  his  license  conspicuously  marked  on  the  outside 

vehicle.  1  J 

of  any  cart,  wagon,  hack,  cab,  omnibus,  or  other  vehicle 
which  he  may  be  authorized  by  such  license  to  drive  ;  and 
And  if  a  porter   every  porter,  and  every  peddler,  who  shall  not  be  author- 

or  peddler,  upon  .  -  1 

:, is  person.  izec[  to  use  a  wagon,  or  who  shall  not  use  a  wagon  in  his 
business,  shall  wear  a  badge  in  a  conspicuous  place,  on 
which  shall  be  engraved  his  name  and  the  number  of 
his  license. 

Licenses  may  be  §  8.  Any  person  licensed  as  aforesaid  who  shall  violate 
any  regulation  or  provision  of  this  ordinance,  shall,  upon 
conviction,  have  his  license  revoked. 

jartmen  notto      R  9,  No  cartman  shall  use  a  cart  or  dray  with  iron  shod 

use  certain  v  * 

wheels.  wheels,  unless  the  iron  or  tire  around  the  wheel  thereof 

shall  be  not  less  than  three  inches  in  breadth,  and  the 
nails  with  which  the  tire  shall  be  nailed  or  fastened  to  the 
wheel  shall  be  sunk  into  the  iron  or  tire  so  that  the  heads 
to  such  nails  shall  not  project  beyond  the  surface  thereof: 
nor  shall  he  use  any  cart  or  dray  not  shod  with  iron  in  the 
manner  aforesaid,  unless  the  rims  of  the  wheels  shall  be 
not  less  than  four  inches  and  a  half  broad  and  eight  inches 
deep,  when  new. 

xor  to  transport     &  10.  No  cartman  shall  use  any  sled,  cart  or  dray  for 

•ertain  articles, 


257 


transporting  any  manure,  sand,  earth,  mud  or  clay,  unless  JJ^pt  in  ccrtain 
the  same  be  provided  with  a  close  box,  the  front  and  sides 
of  which  shall  not  be  less  than  two  feet  in  height,  and  the 
tail  board  not  less  than  sixteen  inches  high,  if  he  be  not 
licensed  as  a  dirt  cartman,  or  the  front  and  sides  less  than 
eighteen  inches  in  height  and  the  tail  board  not  less  than 
twelve  inches  in  height  if  he  be  licensed  as  a  dirt 
cartman. 

§  11.  No  cartman  shall  use  any  sled,  cart  or  dray  for  Nor  to  permit 

.  .  1  any  article  to 

transporting  any  article  whatever,  unless  the  same  be  so  fail  in  the  street, 
provided  as  to  prevent  such  article,  or  any  portion  thereof, 
from  dropping  or  falling  upon  the  street. 

§  12.  No  cartman  shall  cart  or  carry  any  firewood  unless  Nor  to  cart  fire - 

J  j        j  wood  except 

the  stanchions  of  the  cart  or  sled  which  he  shall  employ  ^^JfjoSe 
to  cart  or  carry  the  same  be  four  feet  five  inches  high  from load- 
the  floor  of  the  cart  or  sled,  and  no  higher  ;  nor  unless  the 
breadth  of  such  cart  or  sled  between  the  two  foremost 
stanchions  shall  be  two  feet,  five  inches,  and  between  the 
two  hindmost  stanchions  shall  be  two  feet,  nine  inches, 
and  no  more ;  nor  unless  he  shall  carry  between  the  said 
stanchions  thirty-seven  feet,  ten  inches  and  two-thirds  of  an 
inch,  cubic  measure,  of  wood,  closely  stowed,  for  a  load, 
which  quantity  shall  constitute  and  be  deemed  a  load  for  the 
carting,  selling  and  buying  such  wood. 

§  13.  No  cartman  shall  cart  or  carry  any  anthracite  or  Nx°cre*°t  ™"£ainal 
hard  coal  which  shall  be  sold  within  the  city,  unless  the  J™ntity  t0  the 
same  shall  be  first  weighed ;  nor  unless  two  thousand 
pounds  of  dry  coal  shall  be  allowed  to  the  ton,  and  a  suit- 
able allowance  be  made  in  addition  when  the  coal  shall  be 
wet  or  damp,  which  quantity  shall  constitute  and  be  deem- 
ed a' ton  for  the  carting,  selling  and  buying  such  coal ;  and 
no  person  shall  sell,  and  no  cartman'shall  cart  or  transport 
any  such  coal  from  any  coal-yard  or  other  place  in  the  city 
of  Brooklyn  without  being  first  weighed  as  aforesaid,  un- 
der the  penalty  of  twenty-five  dollars  for  every  load,  or 
part  of  a  load,  so  sold,  carted  or  transported. 


258 


fated! hops  resu"  §  ^  All  persons  licensed  as  junk  shop  keepers  may 
keep  shops  for  the  purchase,  sale  or  barter  of  junk,  old 
metals  or  any  second-hand  articles,  at  such  place  and  in 
such  manner,  and  during  such  hours  only,  as  the  license 
shall  direct.  They  shall  keep  a  book  in  which  shall  be 
written,  at  the  time  of  every  purchase,  a  description  of  the 
article  or  articles  so  purchased,  the  name  and  residence  of 
the  persons  from  whom,  and  the  day  and  hour  when  such 
purchase  was  made,  which  book  shall  be  at  all  times  open 
to  the  police.  They  shall  not  purchase  or  receive  by  way 
of  barter  or  exchange  any  article  of  any  minor.  Any 
person  violating  this  section  shall  be  liable  to  a  penalty  of 
twenty-five  dollars. 

aptoauuoSSed  §  All  persons  licensed  under  the  provisions  of  this 
shops.  ordinance  who  shall  keep  shops,  stores  or  offices  for  the 

business  of  such  license,  shall  have  and  keep  signs  attached 
thererb,  publicly,  on  the  street  side,  setting  forth  their 
names  and  business,  respectively. 


ARTICLE  III. 

OF  PEESONS  ACTING  WITHOUT  LICENSE. 

fu0tHceSn0snetIith*  Section  1.  No  person  shall  drive  within  the  city  of 
oi^SnVSor  Brooklyn  for  hire  or  wages,  any  cart,  sled,  truck,  dray, 
lure'  wagon,  or  use  any  hand  cart  or  barrow  for  the  transporta- 

tion of  any  merchandise,  goods,  or  articles  of  any  kind,  or 
drive  or  cause  or  permit  to  be  driven,  any  hackney  coach, 
carriage,  cab,  omnibus  or  stage  for  the  transportation  of 
passengers  without  being  first  licensed  by  the  mayor  to  do 
or  cause  the  same  to  be  done,  under  the  penalty  for  each 
and  every  offence,  to  be  paid  by  the  owner  and  driver 
severally  and  respectively,  of  twenty-five  dollars  when 
driven  for  the  transportation  of  passengers,  and  of  ten 
dollars  when  driven  for  the  transportation  of  merchandise, 
goods  or  articles  of  any  kind,  except  dirt,  sand,  gravel, 
clay,  or  paving  stone  or  building  rubbish,  and  of  five  dol- 


259 


lars  for  the  transportation  of  dirt,  sand,  gravel,  clay,  pav- 
ing stone  or  building  rubbish. 

§  2.  No  person  shall  drive  within  the  city  of  Brooklyn,  jj^®*" 
any  express  wagon,  junk  wagon,  or  cart,  or  peddler's  p6^"' wagons 
wagon,  or  follow  the  business  of  a  peddler  or  junk  dealer, 
without  being  first  licensed  by  the  mayor,  under  the  pen- 
alty of  five  dollars  for  each  offence,  to  be  paid  by  the 
owner  and  driver  severally  and  respectively. 

§  8.  No  person  shall  exercise  or  carry  on  within  the  SiVbu^ne^of  a 
city  of  Brooklyn,  the  trade  or  business  of  a  butcher,  orbutcber- 
any  branch  or  part  thereof,  or  of  a  seller  of  meats, 
without  being  licensed  by  the  mayor,  under  the  penalty  of 
fifty  dollars  for  each  day  he  shall  so  exercise  or  carry  on 
any  such  trade  or  business,  or  branch  or  part  thereof. 

§  4.  No  person  shall  drive  any  charcoal,  fish,  fruit  ^ny 
or  vegetable  wagon,  truck  or  cart,  or  crv  or  hawk  for  fruit,  or  Vegeta- 

00  J  ble  wagon. 

sale  within  the  city  of  Brooklyn,  charcoal,  fish,  fruits  or 
vegetables,  without  being  licensed  therefor  by  the  mayor, 
under  the  penalty  of  five  dollars  for  each  offence,  to  be 
paid  by  such  crier  or  hawker,  and  by  the  owner  and  driver 
of  any  such  wagon,  truck  or  cart,  severally  and  respect- 
ively. 

§  5.  No  person  shall  carry  on  the  business  of  a  pawn-  or  to  carry  on 
broker  within  the  city  of  Brooklyn,  without  being  licensed  pawnbroker, 
by  the  mayor,  under  the  penalty  of  one  hundred  dollars 
for  each  day  he  shall  carry  it  on. 

8  6.  No  person  shall  carrv  on  the  business  of  a  chimney  or  that  of  a 

w  A  J  J  sweep  or  scaven 

sweeper,  or  of  a  scavenger,  within  the  city  of  Brooklyn,  ger. 
without  being  licensed  by  the  mayor,  under  the  penalty  of 
five  dollars  for  each  offence. 

AETICLE  IV. 

THE  BROOKLYN  CITY  RAILROAD. 

Section  1.  The  Brooklyn  city  railroad  shall  be  subject  Brooklyn  city 

J  r  °       Railroad— regu- 

to  the  following  regulations :  lation3  as  t0  w 


260 


li?eirir°sf  running  0")  There  sna^  be  at  d\  times  when  practicable  between 
the  hours  of  6£  A.  M.  and  12£  at  night  from  the  loth  of 
November  to  the  1st  of  May,  and  the  hours  of  5  J  A.  M. 
and  12  2  P.  M.  in  the  other  months,  cars  running  on  the 
respective  routes  of  the  said  company  from  the  ferries  to 
their  respective  depots  as  the  public  travel  shall  require; 
and  beyond  the  respective  depots  of  the  said  routes,  and 
on  Hamilton  avenue,  the  said  company  shall  run  cars  at 
such  times  as  shall  be  required  by  the  mayor. 

themStoppiDg  (2-)  Cars  stopping  at  a  street  intersection  shall  stop  at 
the  further  walk  thereof,  so  that  the  cars  shall  not,  when 
stopped,  interfere  with  the  travel  on  the  cross  streets. 

ofSsp°eedeir  rate  ^ars  sna^  not  ^e  driven  at  a  greater  rate  than  five 

miles  per  hour. 

ScuTatefr,h0VV  §  2-  Tnc  amount  to  be  paid  by  the  said  company  to  the 
city  ^r  running  their  cars,  shall  be  calculated  on  the  ave- 
rage number  of  cars  running  annually  on  each  route  re- 
spectively, excluding  the  extra  cars  run  on  holidays. 

§  3.  The  mayor  shall  have  the  power,  upon  any  complaint 
made  to  him,  to  require  any  conductor  or  driver  of  the 
company  to  appear  before  him,  upon  a  notice  of  at  least 
twenty-four  hours,  and  if,  upon  investigation  and  exami- 
nation of  witnesses,  he  shall  adjudge  that  said  conductor 
or  driver  has  been  guilty  of  insolence,  extortion,  or  reck- 
less or  other  improper  conduct,  he  shall  notify  such  determi- 
nation to  the  president  of  the  company,  and  thereafter  such 
conductor  or  driver  shall  not  act  as  such  without  the  per- 
mission of  the  mayor, 
company  to        §  zj.#  in  order  to  facilitate  the  public  travel,  the  said 

clear  snow  from       °  _  J- 

tracks.  company  are  authorized  and  required  to  clear  their  tracks 

of  snow  during  the  falling  thereof,  or  immediately 
thereafter,  to  the  distance  of  two  feet  outside  there- 
of. The  said  company  shall  not  place  or  pile  any 
such  snow  or  ice  on  the  sidewalk  or  in  the  gutters  to  the 
distance  of  one  foot  from  the  curb  stone,  nor  such  snow  or 
ice  in  the  space  between  the  said  tracks  and  gutters  where 


Mayor  to  have 
power  to  dis- 
charge conduct- 
ors and  drivers. 


261 


the  owner  or  occupant  of  any  premises  shall  have  removed 
the  same  from  the  said  space  in  front  of  such  premises,  nor 
shall  such  company  place  or  pile  any  such  snow  or  ice  at 
the  intersection  of  any  street  or  avenue  so  as  to  prevent  the 
passage  of  carriages,  sleighs  or  foot  travellers  from  or  to 
any  street  or  avenue  crossing  such  track. 

§  5.  The  said  company  shall  not,  nor  shall  any  con-  pe°rsoytr0°Jfdre  in 
ductor,  permit  any  person  who  shall  be  indecent  or  scan-thecars* 
dalous  in  behavior,  or  filthy  or  foul  in  person,  to  be  car- 
ried in  the  cars  ;  nor  shall  any  such  person  be  allowed  to 
remain  in  the  cars. 

§  6.  The  cars  of  the  said  company  shall  have  the  right  of  cars  to  have  the 

,    .  ,  .  .  ,  .  ,  .     right  ol  track. 

their  tracks  as  against  any  person,  carriage,  vehicle,  or  in- 
cumbrance put,  driven  or  being  thereon  with  a  view  to 
delay  or  embarrass  the  progress  of  the  cars  ;  and  no  per-  And  not  to  be 

i    n    i  i  obstructed. 

son  shall  obstruct  the  said  tracks  or  obstruct  or  prevent 
the  cars  from  running  or  progressing  thereon,  or  remain 
or  keep  any  vehicle  on  said  tracks  in  the  way  of  any  car, 
if  there  shall  be  opportunity  to  turn  off. 

§  7.  The  cars  of  the  said  company  shall  be  distinctly  {J1^0  be  num* 
numbered,  both  outside  and  inside. 

§  8.  It  shall  be  the  duty  of  the  conductors  and  drivers  Conductors  and 

,  i       i    *i  i  drivers  to  give 

to  give  their  names  to  any  passenger  who  shall  request  the  their  names, 
same. 

§  9.  The  said  company  shall,  whenever  required  to  do  so  company  to  fur- 

u  .  -1-  rush  names  of 

by  the  mayor,  furnish  a  list  of  all  the  conductors  and  dri-  conductors  and 

J  ■*      '  drivers. 

vers,  and  of  any  one  of  them  conducting  or  driving  any 
car  at  the  same  time. 

§  10.  The  said  company  shall  be  liable  to  a  penalty  of ^tionofthS Ti° 
fifty  dollars  for  any  violation  on  their  part  of  any  provision  article* 
of  this  article;  and  any  conductor,  driver,  or  other  person, 
violating  any  provision  of  this  article,  shall  be  liable  to  a 
penalty  of  ten  dollars ;  and  it  shall  be  the  duty  of  the  po- 
lice to  enforce  the  provisions  of  this  article. 


262 


AKTICLE  V. 

RATES  OF  COMPENSATION  TO  CERTAIN  LICENSED  PERSONS. 

Section  1.  The  rates  of  compensation  to  persons  li- 
censed as  aforesaid,  for  the  services  hereinafter  mentioned, 
are  hereby  fixed  as  follows  : 

ca°ruEsation  t0     0-)       cartoien,  for  loading,  conveying  and  unloading 
goods,  wares,  merchandise  and  other  things,  when  the  dis- 
tance shall  not  exceed  half  a  mile,  as  follows  : 
Ale  or  beer,  every  hogshead,  from  60  to  90  gallons,  §  37J 


Alum  or  copperas,  every  hogshead,  from  12  to  15 

hundred  weight   44 

Alum  or  copperas,  every  hogshead,  over  one  ton 

weight   68 

Bread,  every  four  tierces   37J 

Bricks,  every  load   37J 

Bricl^,  every  load  handled  and  piled   60 

Boards,  planks  and  scantling,  or  other  timber,  every 

load   37J 

Beef  or  pork,  every  five  barrels   44 

Cables,  half  shot,  from  5  to  7  inches  in  circum- 
ference   44 

Cables,  whole  shot,  from  5  to  7  inches  in  circum- 
ference   75 

Cables,  half  shot,  from  7  to  10  inches  in  circum- 
ference   87J 

Cables,  whole  shot,  from  7  to  10  inches  in  circum- 
ference 1  75 

Cables,  whole  shot,  of  10  and  not  exceeding  12 

inches  in  circumference   2  00 

Cables,  whole  shot,  of  12  and  not  exceeding  14 

inches  in  circumference   3  00 

Cables,  half  shot,  of  the  last  two  preceding  dimen- 
sions  1  50 

Cables,  half  shot,  of  14  and  not  exceeding  15  inch- 
es in  circumference   1  75 


263 

Cables,  whole  shot,  of  14  and  not  exceeding  15 

inches  in  circumference   4  00 

Cables,  whole  shot,  of  above  15  inches  in  circum- 
ference 5  00 

Calves,  sheep,  lambs,  every  load   50 

Cider,  cheese,  cocoa,  every  load   37 J 

Clay  or  sand,  every  twelve  bushels   50 

Coal,  every  half  chaldron  or  ton   68 

Coffee,  in  bags  or  barrels,  every  load   37^ 

Coffee,  every  hogshead  over  one  thousand  weight .  44 

Cordage,  small,  every  load   37 J 

Cotton,  every  three  bales   44 

Dry  wood,  every  load   37 J 

Earthenware,  loose,  every  load   56 

European  goods,  every  load   50 

Fire  wood,  every  load   37 J 

Fish,  dried,  loose,  every  load   66 

Flax  seed,  every  three  tierces   37-L 

Flour,  every  twelve  bags  or  seven  barrels   37-^- 

Furniture,  household,  housing  every  load   150 

Gammons  or  hams,  every  load   37i 

Hay,  in  bales,  bundles  or  trusses,  every  load   37^ 

Hay,  loose,  every  load   1  00 

Heading  or  staves,  every  load   87* 

Hemp,  in  bales  or  bundles,  every  load   44 

Hemp,  loose,  every  twelve  hundred  weight   75 

Hides,  every  fifty  ,  44 

Hoops,  in  bundles,  every  load   37| 

Hoop  poles,  every  load   qq 

Iron  hollow  ware,  every  load   44 

Iron  bar,  every  load   44 

Molasses,  every  hogshead,  from  60  to  90  gallons. .  44 

Molasses,  every  hogshead,  from  90  to  140  gallons,  62£ 

Oil,  every  three  barrels   371. 

Oysters,  oyster  shells  or  pantiles,  every  load   44 " 

ft '  * 


264 


Paints  or  whiting,  every  hogshead,  from  twelve  to 

fifteen  hundred  weight   44 

Paints  or  whiting  over  one  ton  weight   75 

Paints,  whiting,  or  pimento,  every  load   37^ 

Plaster  of  Paris,  every  ton   37 \ 

Potash,  every  three  barrels   37£ 

Eum,  every  hogshead   50 

Salt,  every  twenty  bushels   44 

Shingles,  in  bundles,  long  cedar  or  pine,  every  load,  37| 
Shingles,  cypress,  twenty-two  inches,  every  two 

thousand   50 

Stone,  paving  or  building,  every  load   37 ^ 

Stone,  cut,  every  load   48 

Sugar,  Havana,  every  three  boxes   44 

Sugar,  every  hogshead,  from  nine  to  fifteen  hundred 

weight   44 

Sugar*  every  hogshead,  over  one  ton  weight   75 

Tar,  pitch,  or  turpentine,  every  five  barrels   37J 

Tea,  every  load   44 

Tiles  or  slates,  every  load   56 

Tobacco,  every  common  hogshead   44 

Tobacco,  every  hogshead  over  one  ton  weight ....  75 

Wheat  or  other  grain,  every  load   50 

Wine,  gin  or  brandy,  every  pipe  over  100  gallons,  62 J 

Wine,  every  four  quarter  casks   50 

For  every  load  of  goods,  wares,  merchandise  or 

other  thing  not  above  enumerated   44 

And  for  every  additional  half  mile  after  the  first  half 
mile,  one  third  more  for  the  articles  above  enumerated, 
than  the  above  rates  respectively. 

to  hack  andi  (2.)  To  owners  or  drivers  of  hackney  coaches  and  cab- 
cabmen.                  r»                •                            r>  n 

men  for  convejang  passengers,  as  follows  : 

For  conveying  a  passenger  any  distance  not  exceeding 
one  mile,  twenty -five  cents  ;  for  every  additional  passen- 
ger, twenty -five  cents. 


* 


265 


For  conveying  a  passenger  any  distance  exceeding  a 
mile,  and  within  two  miles,  fifty  cents;  and  for  every  ad- 
ditional passenger  twenty-five  cents. 

For  the  use  of  a  hackney  coach  or  carriage  by  the  day, 
with  one  or  more  passengers,  five  dollars. 

For  the  use  of  a  hackney  coach  or  carriage  by  the  hour 
with  one  or  more  passengers,  with  the  privilege  of  going 
from  place  to  place,  and  of  stopping  as  often  as  may  be  re* 
quired,  as  follows,  viz:  for  the  first  hour  one  dollar,  for 
the  second  hour  seventy-five  cents,  and  for  every  succeed- 
ing hour  fifty  cents. 

In  all  cases  where  the  hiring  of  a  hackney  coach  or 
carriage  is  not  at  the  time  thereof  specified  to  be  by  the 
day  or  hour,  it  shall  be  deemed  to  be  by  the  mile. 

For  children  between  two  and  fourteen  years  of  age, 
half-price  only  shall  be  charged,  and  for  children  under  two 
years  of  age,  no  charge  shall  be  made. 

Whenever  a  hackney  coach,  carriage  or  cab  shall  be 
detained,  excepting  as  aforesaid,  the  owner  or  driver  shall 
be  allowed  after  the  rate  of  seventy-five  cents  for  each  and 
every  subsequent  hour,  and  so  in  proportion  for  any  part 
of  the  first  and  subsequent  hour,  which  the  same  may  be 
so  detained. 

Every  driver  or  owner  of  a  hackney  coach  or  carriage 
shall  load  and  transport  in  and  upon  his  coach  or  carriage 
in  addition  to  the  person  or  persons  therein,  and  unload,' 
one  trunk,  valise,  saddle-bag,  carpet-bag,  portmanteau, 
box,  bundle,  basket,  or  other  articles  used  in  travelling  if 
he  be  requested  so  to  do,  without  charge  or  compensation 
therefor,  but  for  every  trunk  or  other  such  article,  as  above 
named,  more  than  one,  he  shall  be  entitled  to  demand  and 
receive  the  sum  of  six  cents,  if  conveyed  within  the  dis- 
tance of  one  mile,  and  if  more  than  one  mile,  the  sum  of 
twelve  and  a  half  cents. 

(3.)  To  porters  or  hand-carters  as  follows  :  In  carrvinf? To p«i» «<J 

J     o  haudcartmen. 


266 

a  load  upon  a  wheelbarrow,  any  distance  not  exceeding- 
half  a  mile,  twelve  and  a  half  cents ;  over  half  a  mile  and 
not  exceeding  a  mile,  twenty-five  cents ;  and  in  that  pro- 
portion for  any  greater  distance. 

In  carrying  a  load  in  a  handbarrow  any  distance  not 
exceeding  half  a  mile,  twenty-five  cents ;  over  half  a  mile 
and  not  exceeding  a  mile,  forty-four  cents,  and  in  that 
proportion  for  any  greater  distance. 

For  carrying  a  load  in  a  hand-cart  any  distance  not  ex- 
ceeding half  a  mile,  eighteen  cents ;  over  half  a  mile  and 
not  exceeding  a  mile,  thirty-one  cents,  and  in  that  propor- 
tion for  any  greater  distance. 

Adopted  in  common  council  February  11th,  1857. 

Approved  by  the  mayor  February  13th,  1857. 


CHAPTER  III. 


LATE  AND  DEFINE  THE  DUTIES  AND  POWER  OF  FIRE- 
MEN, AND  TO  LIMIT,  DEFINE  AND  PRESCRIBE  THE 
DUTIES    OF   FIRE    WARDENS  AND  OTHERS 
CONNECTED  WITH   THAT  DEPARTMENT. 

The  Common  Council  of  the  City  of  Brooklyn  do  ordain  as 
follows : 

ARTICLE  I. 

THE  ORGANIZATION  OF  THE  FIRE  DEPARTMENT. 

me^usSbiished,  Section  1.  There  shall  be  a  fire  department  of  the  city 
t!ons[° organiza*  of  Brooklyn,  divided  into  two  organizations,  one  for  the 
western  district  and  one  for  the  eastern  district,  as  provi- 
ded by  section  I.,  title  VII.,  of  the  act  of  consolidation. 
Each  organization  subject  to  the  provisions  of  this  ordi- 
nance shall  consist  of  one  engineer  and  such  assistant  en- 
gineers, enginemen,  hosemen,  axemen,  bucketmen,  and 


267 


hook  and  ladder  men  and  others  as  now  belong  thereto 
respectively,  and  as  shall  from  time  to  time  be  elected  by 
the  firemen  of  each  district,  and  approved  by  the  common 
council  in  the  manner  provided  by  this  ordinance. 

§2.  The  members  of  the  different  organized  compa- SewSweS 
nies  of  the  fire  department  of  the  western  district  shall Dl8tnct- 
meet  at  their  respective  houses  on  the  second  Tuesday  of 
December  in  each  year,  and  those  of  the  eastern  district 
shall  meet  at  their  respective  houses  on  the  last  Monday 
of  April  in  each  year,  for  the  purpose  of  voting  by  ballot 
for  chief  engineer  or  assistant  engineers,  as  the  case  may 
be,  for  their  respective  districts,  who  shall  hold  their  re- 
spective offices  for  the  term  of  two  years,  and  until  others 
shall  be  elected  in  their  places.   The  polls  at  such  election 
shall  be  opened  at  seven  o'clock  P.  M.,  and  continue 
open  until  ten  o'clock  P.  M.     Each  company  shall  appoint 
three   inspectors  of  its  own  elections,  whose  duty  it 
shall  be  to  make  a  faithful  return  thereof,  accompanied 
by  the  poll  list  containing  the  whole  number  of  votes 
polled,  the  name  and  office  of  each,  candidate  voted  for, 
and  transmit  such  return,  duly  certified,  within  one  week 
thereafter,  to  the  secretary  of  the  board  of  representatives 
of  the  fire  department  of  their  respective  districts.  The 
board  of  representatives  shall  meet  at  some  convenient 
place  as  soon  thereafter  as  convenient,  for  the  purpose 
of  canvassing  the  votes  returned  to   them,  and  fur- 
nish  the  common   council   with   a  full  statement  of 
the  canvass,  duly  verified  under  oath  by  their  president 
and  secretary,  within  twenty-four  hours  thereafter,  for 
the  action  of  the  common  council  thereon.    The  term 
of  office  of  the  present  chief  engineer  of  the  western  district 
shall  expire  on  the  first  day  of  February,  1859  ;  that  of 
the  present  chief  engineer  of  the  eastern  district  shall  ex- 
pire on  the  second  Monday  of  May,  1858  ;  that  of  the 
present  assistant  engineer  of  the  western  district  shall  ex- 
pire on  the  first  day  of  February,  1858  ;  and  that  of  the 


268 


present  assistant  engineer  of  the  eastern  district  shall  ex- 
pire on  the  second  Monday  of  May,  1857. 

iI££%a£  §  3-  No  Pcrson  slia]1  ^e  eligible  to  the  office  of  chief 
Se?s  in  tbeir  engineer  or  assistant  engineer  unless  he  shall  have  been  a 
fireman  of  the  district  for  three  years  next  preceding  the 
election,  or  shall  be  an  exempt  fireman  of  the  district.  In 
case  of  the  death,  removal  from  the  district,  or  from  office 
of  the  chief  engineer  or  any  assistant  engineer,  or  of  the 
refusal  of  the  common  council  to  approve  any  of  them,  the 
board  of  officers,  or  the  board  of  representatives,  as  the 
case  may  be,  of  the  fire  department  of  the  district  shall 
order  a  new  election  to  take  place  within  forty  days  there- 
after, subject  to  the  provisions  in  regard  to  elections  in 
such  district  herein  before  provided ;  but  no  person  whom 
Ike  common  council  shall  have  refused  to  approve  or  shall 
remove,  shall  be  eligible  at  such  election.  Such  board  of 
officers  or  board  of  representatives,  as  the  case  may  be, 
shall,  when  such  vacancy  shall  happen  in  the  office  of  chief 
engineer,  appoint,  subject  to  the  approval  of  the  common 
council,  one  of  the  assistants  to  act  as  such  until  the  new 
election  shall  take  place.  They  may  also  fill  any  vacancy 
in  the  office  of  assistant,  until  the  new  election. 

™iX*h2ii!0  §  4-  Every  fireman  who  shall  be  attached  to  one  of  the 
fire  companies  doing  actual  duty  at  the  time  of  any  such 
election,  and  shall  have  been  doing  actual  duty  for  three 
months  previously  thereto,  shall  be  entitled  to  vote  thereat. 
In  case  the  name  of  any  person  offering  to  vote  shall  be 
omitted  on  the  firemen's  register  of  the  common  council, 
he  shall  produce  a  certificate  from  the  clerk  of  the  com- 
mon council,  that  he  has  been  appointed  a  fireman,  and 
also  an  affidavit  cf  his  doing  actual  duty  as  aforesaid.  The 
said  firemen's  register  shall  be  evidence  of  membership  of 
the  firemen  whose  names  are  therein  entered.  But  no 
member  of  any  company  suspended,  disbanded  or  organ- 
ized without  doing  duty,  shall  be  entitled  to  vote.  The 


269 


foreman  of  each  company  shall,  at  least  ninety  days  before 
the  election,  make  a  retnrn  of  all  members  elected  and  be- 
longing to  his  company,  to  the  chief  engineer  of  the  dis- 
trict, who  shall  within  thirty  days  thereafter,  see  that  the 
register  of  the  common  council  be  correctly  made  up  for 
the  purposes  of  election. 

§  5.  Firemen,  as  understood  in  this  ordinance,  shall  who  are  fire- 

'    •    '  <  '  men. 

embrace  all  members  of  any  engine,  hose,  axe,  bucket,  or 
hook  and  ladder  company  liable  to  actual  duty. 

§  6.  All  firemen  hereafter  to  be  attached  to  the  fire  de-  Firemen,  how 

°  elected. 

partment,  except  on  the  formation  of  new  companies,  shall 
be  elected  by  the  members  of  the  companies  to  which  they 
shall  respectively  become  attached,  in  such  manner  as  the 
by-laws  of  such  companies  shall  respectively  provide.  No 
person  shall  be  elected  a  fireman  until  he  shall  have  at- 
tained the  age  of  twenty-one  years,  and  unless  he  shall  be  a 
citizen  of  the  United  States,  and  shall  have  been  a  resi- 
dent in  the  district  in  which  the  company  shall  be  estab- 
lished six  months  next  preceding  his  election. 

§  7.  No  one  shall  be  allowed  to  vote  by  proxy  at  any  voting  by  proxy 
election  for  officers  or  members  of  the  fire  department, I)rohlblted- 
or  for  members  or  officers  of  any  company,  any  by-law  or 
other  regulation  to  the  contrary  notwithstanding. 

§  8.  The  foreman  of  any  company  making  any  election  To  be  approved 

.  ,        ,  .   n         .  .  .  .        by  the  common 

of  members,  shall  transmit  to  the  chief  engineer,  m  writing,  council, 
the  names,  ages,  places  of  residence  and  occupation  (and,  if 
minors,  the  names  of  the  parents  or  guardians)  of  the  persons 
so  elected.  The  chief  engineer  shall,  if  any  vacancy  exist  in 
the  company,  send  their  names  to  the  common  council,  to 
be  approved  by  the  common  council  as  firemen.  The 
city  clerk  shall  register  the  names  of  such  persons 
as  shall  be  elected  firemen  and  approved,  with  their 
ages,  places  of  residence,  and  occupation,  and  furnish, 
free  of  charge,  a  certificate  of  appointment  to  each, 
as  provided  by  section  5,  of  title  VII.,  of  the  city  charter. 


f 


270 


And  until  the  persons  so  elected  shall  be  approved  by  the 
common  council,  and  a  certificate  of  their  appointment 
given  as  herein  provided,  they  shall  not  be  members  of  the 
fire  department. 

§  0.  The  firemen  shall  be  divided  into  companies,  to 
consist  of  as  many  members  as  is  by  this  ordinance  pro- 
vided, to  attend  the  fire  engines,  hose,  hooks  and  ladders, 
buckets  and  other  apparatus  belonging  to  the  city,  or  any 
of  them.  The  members  of  each  company  shall  annually, 
on  some  day  to  be  regulated  by  its  own  by-laws,  elect  a 
foreman,  assistant  foreman,  and  clerk,  who  shall  be  fire- 
men of  such  company,  and  who  shall  enter  upon  their  du- 
ties on  the  first  day  of  the  month  after  such  election,  and 
hold  their  ofiices  for  one  year  and  until  others  shall  be 
elected  in  their  places,  unless  sooner  removed  by  the  com- 
mon council,  or  other  competent  authority  ;  provided  that 
the  foreman,  assistant  foreman,  and  clerk  of  any  company 
now  in  office,  shall  continue  therein  until  after  the  first  elec- 
tion under  this  ordinance. 

SJhowS^  §  Companies  shall  be  constituted  as  follows :  engine 
mted.  companies  shall  consist  of  seventy -five  men  each,  except 

that  any  engine  now  having  less  than  seventy -five  men? 
shall  not  be  increased  to  that  number  until  the  chief 
engineer  of  the  district  shall,  by  direction  of  the  com- 
mon council,  notify  the  firemen  thereof  to  that  effect, 
and  thenceforth  such  engine  company  shall  be  entitled 
to  seventy-five  members;  hose  companies  shall  consist  of 
not  to  exceed  thirty  men  each;  hook  and  ladder  com- 
panies shall  consist  of  not  more  than  forty  men  each,  and 
bucket  companies  of  not  to  exceed  fifty  men  each. 

?oewfOTmedDie8'  §  New  companies  shall  be  formed  from  time  to  time 
as  the  common  council  may,  by  a  two-third  vote  deter- 
mine, by  volunteer  associations;  all  additional  members 
to  companies  once  formed,  shall  be  elected  by  the  mem- 
bers of  such  companies,  in  the  manner  hereinbefore  pro- 
vided. 


271 


§  12.  Each  company  shall  be  responsible  for  the  mis-  companies  re- 

3  r     J  i  sponsible  for  the 

conduct  or  wrongful  acts  of  its  members,  unless  such acts  <>f  their 

°  '  members. 

wrongdoers  be  duly  dealt  with  by  it. 

§  13.  The  foremen  of  companies  shall  be  responsible  for  SSeTor^hfSfe 
the  proper  care  of  the  property  of  the  city,  entrusted  to  ofpr°I)erty- 
their  respective  companies ;  they  shall  obey  all  orders  of 
the  engineers  in  command  at  the  fire,  or  either  of  them ; 
they  shall  cause  the  roll  of  the  company  to  be  so  kept  as 
to  show  at  each  fire  or  alarm  of  fire  who  of  the  members 
of  their  company  were  present ;  and  any  neglect  of  duty 
by  them  in  these  particulars  shall  render  them  liable  to 
removal,  or  expulsion  from  the  department.  The  assist- 
ant foreman  shall  act  in  the  absence  of  the  foreman. 

§  14.  Firemen  shall,  on  any  alarm  of  fire  within  their  Duties  of  fire- 

7  J  men. 

departmental  district,  and  in  cases  of  general  alarm,  repair 
to  the  house  of  their  company,  and  take  their  respective 
engines,  trucks,  hose,  buckets  and  other  apparatus  to  the 
scene  of  fire,  and  work  the  same  under  the  direction  of 
their  respective  foreman,  and  there  remain  until  ordered 
away  by  the  engineers,  when  they  shall  return  with  their 
machines  and  fire  apparatus  to  the  house  of  the  company. 

§  15.  The  members  of  the  department  shall,  when  on ^ ges^fofficers 
duty,  be  distinguished  as  follows,  respectively : — every  en- 
gineer shall  wear  a  white  fire  cap,  on  the  front  of  which 
shall  be  printed  the  initials  of  his  name,  and  the  word 
"chief  engineer,"  or  "engineer,"  as  his  office  may  be. 

Every  foreman  and  assistant  foreman  of  a  company 
shall  wear  a  fire  cap  painted  black,  with  a  white  front,  on 
which  shall  be  painted  the  initials  of  his  name,  the  num- 
ber of  his  company,  and  the  word  "foreman"  or  "assistant 
foreman,"  as  his  office  shall  be.  Every  fireman  shall  wear 
a  fire  cap  painted  black,  on  the  front  of  which,  in  white 
lettering,  shall  be  painted  the  initials  of  his  name,  and  the 
number  of  his  company,  as  "engine  company,  No.  1,"  or 
"  hose  company,  ~No.  2,"  as  the  case  may  be. 


272 


Penalties  upon 
firemen  and 
others. 


Engineers  and 
fire  wardens  to 
take  oath  of 
office. 


Salaries  of  chief 
engineers  and 
fire  wardens. 


Amounts  to  be 
paid  each  com- 
pany annually. 


§  10.  No  fireman  or  other  person  shall  place  or  draw, 
or  assist  in  placing  or  drawing  any  fire  engine,  hook  and 
ladder  carriage  or  hose  cart,  or  any  other  wheel  carriage 
used  in  the  extinguishment  of  fire,  upon  any  railroad  track 
in  any  street  or  avenue,  on  a  down  grade,  or  shall  in  go- 
ing to  or  returning  from  a  fire  or  alarm  of  fire,  or  at  any 
other  time,  drag,  run  or  place,  or  assist  in  dragging,  run- 
ning or  placing  any  fire  engine,  hook  and  ladder  cart  or 
hose  cart  upon  any  sidewalk,  except  at  the  place  of  fire, 
or  by  order  of  an  engineer  at  the  time  of  a  fire ;  or  shall 
use  or  assist  in  using  any  fire  engine  belonging  to  the  city, 
for  a  wager,  or  in  strife  or  in  competition  between  fire 
companies,  or  in  racing  in  any  manner,  in  any  street  or 
avenue,  or  elsewhere  ;  or  shall  in  returning  from  a  fire  or 
an  alarm  of  fire,  draw  any  fire  engine,  hook  and  ladder 
carriage,  hose  cart  or  other  wheel  carriage  connected  with 
the  department,  faster  than  a  walk.  Any  fireman  or  other 
person  violating  any  provision  of  this  section,  shall  be  li- 
able to  a  penalty  often  dollars,  and  any  fireman  violating 
the  same  may  be  suspended  or  expelled,  as  the  common 
council  may  determine.  In  case  any  company  be  engaged 
in  a  fight  or  riot,  such  company  shall  be  disbanded  if  the 
common  council  so  determine,  and  if  any  member  refuse 
to  obey  the  orders  of  the  engineers  or  any  of  them,  he 
shall  be  expelled,  if  the  common  council  so  determine. 

§  17.  The  chief  engineers,  assistant  engineers,  and  fire 
wardens,  shall,  before  entering  upon  the  duties  of  their 
several  offices,  take  and  subscribe  an  oath  well  and  faith- 
fully to  perform  the  duties  of  their  offices  respectively. 
The  chief  engineers  and  fire  wardens  shall  receive  for  their 
services  such  compensation  as  the  common  council  shall 
from  time  to  time  prescribe. 

§  18.  There  shall  be  paid  to  each  engine  company  an- 
nually, the  sum  of  one  hundred  dollars,  and  to  each  hose, 
hook  and  ladder,  and  bucket  company,  the  sum  of  seventy- 


273 


five  dollars,  for  keeping  clean  their  machines,  fire  appara- 
tus and  houses,  and  for  other  expenses,  and  the  financial 
officers  of  this  city  are  hereby  authorized  to  audit  and  pay 
the  same,  and  draw  the  necessary  warrants  therefor. 

§19.  The  fire  engines,  hook  and  ladder  trucks,  hose  Jrhhe°c?tr°1JJrty  of 
carts,  hose,  buckets,  hooks  and  ladders,  and  other  fire  ap-  to  be  impatred?1 
paratus,  and  the  houses  and .  lands  used  therefor,  are 
and  shall  be  subject  to  the  control  and  direction 
of  the  city,  and  nothing  herein  contained  shall  di- 
vest the  city  of  its  property  therein,  or  in  any  manner 
impair  its  right  at  all  times  by  the  mayor  or  common 
council  to  take  possession  of  the  same  or  any  portion 
thereof.  All  additions,  ornaments  and  attachments,  made 
to  the  housej  engine,  hose  cart  or  hook  and  ladder  truck  of 
any  company  shall  remain  thereon  unless  authorized  to 
be  removed  therefrom  by  the  chief  engineer  of  the  district, 
in  cases  where  it  may  be  done  without  injury  to  the  house, 
engine,  hose  cart  or  hook  and  ladder  truck.  Any  person 
or  persons  taking  off,  or  assisting  in  taking  off  any  such 
additions,  ornaments  or  attachments  contrary  to  the  pro. 
visions  of  this  section,  shall  be  liable  to  a  penalty  of  fifty 
dollars. 

ARTICLE  II. 

THE  ALARM  DISTRICTS. 

Section  1.  The  western  district  is  herebv  subdivided  Alarm  districts 

J  in  TV  estern  Dis- 

into  alarm  districts  as  follows :  trict- 

The  first  district  is  bounded  by  Montague  street,  Clinton 
street,  Fulton  street,  Tillary  street,  Washington  street,  and 
East  river  to  Montague  street. 

The  second  district  by  Montague  street,  Clinton  street, 
Atlantic  street,  Court  street,  Gowanus  bay,  New  York 
bay,  and  East  river  to  Montague  street. 

The  third  district  by  Court  street,  Atlantic  street,  Smith 


274 


street,  Fulton  avenue,  Flatbush  avenue,  Fifth  avenue, 
Thirty-sixth  street,  and  Gowanus  bay  to  Court  street. 

The  fourth  district  by  Jay  street,  Fulton  avenue,  Flat- 
bush  avenue,  Atlantic  avenue,  Clinton  avenue,  Flushing 
avenue,  and  a  line  drawn  from  the  intersection  of  Flushing 
avenue  and  Navy  street,  to  the  intersection  of  Tillary  and 
Jay  streets. 

The  fifth  district  by  Washington  street,  Tillary  street, 
a  line  drawn  from  the  intersection  of  Tillary  and  Jay 
streets,  to  the  intersection  of  Navy  street  and  Flushing 
avenue,  the  west  boundary  of  the  Navy  Yard  and  East 
river,  to  Washington  street. 

The  sixth  district  by  Tillary  street,  Jay  street,  Smith 
street,  Atlantic  street,  Clinton  street,  and  Fulton  street  to 
Tillary  street. 

The  seventh  district  by  Clinton  avenue,  Atlantic  ave- 
nue, Bedford  avenue,  De  Kalb  avenue,  and  Flushing  ave- 
nue to  Clinton  avenue. 

i^'Ser^Sis-  §  2-  The  eastern  district  is  hereby  subdivided  into  alarm 
Trict  districts  as  follows : 

The  first  district  is  bounded  by  East  river,  Newtown 
creek,  Meeker  avenue  and  a  straight  line  to  North  loth 
street,  and  Bushwick  creek  to  East  river. 

The  second  district  by  East  river,  Bushwick  creek, 
North  15th  street,  a  line  to  Union  avenue,  Union  avenue 
and  Grand  street  to  East  river. 

The  third  district  by  Union  avenue  and  a  line  to  North 
15th  street,  North  15th  street  and  a  line  to  Meeker  avenue, 
Meeker  avenue,  Newtown  creek,  Metropolitan  avenue, 
Bushwick  avenue  and  Grand  street  to  Union  avenue. 

The  fourth  district  by  Grand  street,  Bushwick  avenue, 
Metropolitan  avenue,  City  line  to  Division  avenue,  Divis- 
ion avenue  and  Union  avenue  to  Grand  street. 

The  fifth  district  by  East  river,  Grand  street,  Union 
avenue  and  Division  avenue  to  East  river. 


\ 


275 

The  sixth  district  by  Wallabout  bay,  East  river,  Di- 
vision avenue,  Flushing  avenue  and  United  States  Hos- 
pital grounds  to  Wallabout  bay. 

§3.  The  bell  ringers  shall,  in  case  of  fire  within  their  gf^how  t0  be 
respective  districts,  strike  their  bells  so  many  times  in 
regular  succession  as  shall  correspond  with  the  number  of 
the  alarm  district  within  which  such  fire  shall  occur  ;  and 
shall  continue  to  strike  the  same  so  many  times  at  inter- 
vals until  such  fire  shall  be  fully  attended  by  the  fire  de- 
partment. 

ARTICLE  III. 

THE  CHIEF  ENGINEERS  AND  ASSISTANTS. 

Section  1.  The  chief  engineers  shall  keep  an  office  m™fe™&™^ 
their  respective  districts  for  the  transaction  of  business 
connected  with  the  fire  department.  It  shall  be  kept  open 
daily  except  on  the  days  when  the  other  city  offices  shall  be 
closed,  between  the  hours  of  10  A.  M.  and  12  M. 

§  2.  They  shall  in  all  cases  of  fire,  threatening  damage  durill? 
or  destruction  of  property  within  their  district,  take  prompt 
and  efficient  measures,  and  use  the  means  of  the  depart- 
ment to  extinguish  the  same,  and  shall  at  such  times  and 
on  occasions  of  alarm  of  fire,  have  sole  and  absolute  con- 
trol and  command  within  their  departmental  district,  sub- 
ject to  the  mayor,  over  all  the  engines,  hose,  hose  trucks, 
hooks  and  ladders  and  other  apparatus,  and  all  members 
of  the  fire  department,  and  over  all  persons,  other  than 
policemen,  aiding  or  assisting  their  department  in  cases  of 
actual  fire. 

§  3.  They  shall  see  that  their  assistant  engineers  in  case  To  ilet  the  as- 

o  j  o  sistant  engineers. 

of  fire  in  their  district  take  proper  measures  to  arrange  the 
several  fire  engines  in  the  most  advantageous  manner,  and 
cause  them  to  be  worked  for  the  effectual  extinguishment 
of  fires,  and  also  otherwise  direct  the  assistant  engineers  as 


\ 


276 


they  shall  deem  necessary  and  proper  at  sucli  fires  or 
alarms  of  fire. 


To  examine  into 
condition  of 


To  furnish  sched 
ale  of  property. 


§  4:.  They  shall  examine  from  time  to  time,  and  as  often 
apparatus.  as  necessary,  into  the  condition  of  the  fire  engines,  hose 
carts,  trucks,  hooks  and  ladders,  hose  and  other  apparatus 
and  the  houses  in  which  they  shall  be  kept,  and  report  the 
condition  thereof  in  the  months  of  January  and  July  in 
each  year  to  the  common  council. 
To  investigate       §  5.  They  shall  investigate  the  causes  of  all  fires,  dam- 

into  causes  of,  */. 

fire.  aging  or  destroying  property  in  their  district,  and  report  the 

result  in  writing  to  the  common  council,  twice  a  }'ear,  or 
oftener,  if  they  shall  deem  the  public  interest  requires  it,  or  if 
they  shall  be  directed  to  do  so  by  the  common  council, 
stating  such,  causes  as  far  as  they  can  be  ascertained,  and 
tne  number  and  description  of  the  buildings  and  property 
damaged  or  destroyed. 

§  6.  They  shall  require  from  the  foreman  of  each  com- 
pany, and  each  foreman  shall  furnish,  a  schedule  twice  a 
year,  and  oftener  if  they  deem  it  necessary,  of  all  the 
property  of  the  city  connected  with,  the  fire  department  in 
charge  of  the  company,  and  a  statement  of  all  injuries, 
other  than  ordinary  wear  and  tear,  which  shall  happen  to, 
or  losses  of  such  property  as  soon  as  such  injury  or  loss 
shall  happen,  with  the  causes  thereof,  and  if  malicious,  the 
names  of  the  persons  concerned  therein.  They  shall  visit 
and  inspect  the  houses  of  each  company  as  often  as  prac- 
ticable, and  report  promptly  to  the  mayor  all  abuses  in  or 
of  such  houses,  engines,  or  other  property. 
To  report  when      §  7.  They  shall,  whenever  any  of  the  fire  engines,  hose 

repairs  may  be  i       -i       i  i-i-ii         i  i  t* 

necessary.  carts,  trucks,  hooks  and  ladders,  hose  or  other  nre  appa- 
ratus within  their  district,  or  houses  within  which  they  are 
contained,  require  to  be  repaired,  report  the  same  forth- 
with to  the  commissioner  of  repairs  and  supplies.  They 
shall  also  report  to  such  commissioner  whenever  any  of 
the  public  cisterns  require  to  be  filled. 


277 


§  8.  They  shall  superintend  the  repairs  of  the  fire  en-  To  superintend 

v  J  1  x  repairs,  and  oe- 

gines,  hooks  and  ladders,  hose  carts,  trucks,  hose  and  other  livery  of  articles, 
fire  apparatus  of  their  district,  and  shall  superintend  the 
delivery  of  all  engines,  apparatus  and  other  articles,  to  be 
received  from  the  commissioner  of  rermirs  and  supplies, 
for  the  use  of  any  company  within  their  district,  and  keep 
an  account  thereof  with  each  company.  They  shall  ren- 
der a  particular  account  half  yearly  to  the  comptroller,  of 
all  the  repairs  done,  and  articles  furnished  the  department 
in  their  district,  and  in  what  manner,  and  to  what  compa- 
nies the  same  have  been  disposed  of. 

§  9.  They  shall  promptly  report  to  the  mayor  all  cliso-  To  report  to 

it  o      -i  i  .  .  i  n    ~i  mayor  all  neg- 

bedience  oi  orders,  and  any  incapacity,  neglect  of  duty  or  lectof  duty, 
gross  misconduct  of  any  company  or  companies  within 
their  district,  or  of  any  member  thereof.    The  mayor  shall 
in  all  cases,  where  in  his  opinion  it  shall  be  expedient, 
transmit  such  report  to  the  common  council. 

ARTICLE  IV. 

FIRE  WARDENS. 

Sectiok  1.  The  fire  wardens  shall  inquire  into  all Fire  wardens  to 

....  .  x  inquire  into  all 

violations  within  their  respective  districts,  of  any  law  ofviolationsofflre 

,  t-    ■        j  laws. 

the  state  oi  ordinance  of  the  city,  for  the  prevention  or 
extinguishment  of  fires,  or  establishing  or  regulating  the 
fire  department,  or  establishing  fire  limits,  or  regulating 
the  erection  of  buildings  within  such  limits,  or  reo-nlatincr 
the  conveying  or  keeping  of  gunpowder,  and  cause  such 
legal  proceedings  to  be  had,  as  shall  promptly  punish  and 
prevent  the  continuance  of  the  same. 

§  2.  They  shall  organize  in  their  respective  districts  as  to  organize  as  a 
a  board,  and  as  such,  meet  twice  in  each  week  at  least,  for  °ar  ' 
the  transaction  of  business,  on  such  regular  days  and 
hours,  and  at  such  regular  place  in  their  respective  dis- 
tricts as  they  shall  determine  by  resolution,  to  be  filed 


278 


with  the  city  clerk;  keep  a  record  of  all  violations  in  their 
districts  respectively,  of  the  laws  and  ordinances  mention- 
ed in  the  last  preceding  section  of  this  ordinance  :  and  of 
all  fires  occurring  in  their  respective  districts,  with  the 
causes  thereof,  in  books  provided  for  that  purpose,  and 
annually  in  the  month  of  December,  report  to  the  chief 
engineer  of  their  district  an  abstract  of  such  record  for  the 
year.  They  may  by  a  resolution  divide  their  respective 
districts,  and  assign  one  of  their  number  to  perform  the 
examinations  to  be  made  by  them  under  this  ordinance : 
which  resolution  and  assignment  shall  be  filed  with  the 
city  clerk. 

their  district?6  §  ^'  They  sna^  twice  in  each  year,  viz :  in  the  months 
of  June  and  December,  and  as  much  oftener  as  they  may 
think  proper,  examine  the  dwelling  houses  and  other 
buildings  in  their  respective  districts,  for  the  purpose  of  as- 
certaining all  violations  of  any  laws  and  ordinances  for  the 
more  effectual  prevention  of  fires,  and  also  inspect  the  fire 
places,  hearths,  chimneys,  stoves  and  pipes  thereto,  ovens, 
boilers,  heaters,  and  all  chemical  apparatus,  which  in  their 
opinion  may  be  dangerous  in  causing  or  promoting  fire, 
and  also  the  places  where  ashes  may  be  deposited  :  and  it 
shall  be  lawful  for  them  to  enter  into  or  upon  an/  lands  or 
buildings  for  the  purpose  of  such  inspection  ;  and  it  shall 
be  their  duty  upon  finding  anything  defective  or  dan- 
gerous, to  direct  the  owner  or  occupant,  by  a  written  or 
printed  notice,  to  alter,  remove,  or  amend  the  same  in  such 
a  manner  and  within  such  reasonable  time  as  they,  or 
either  of  them,  may  deem  necessary ;  and  in  case  of  any 
neglect  or  refusal  to  do  so,  the  party  offending  shall  for- 
feit and  pay  twenty-five  dollars,  and  for  every  twenty-four 
hours  after  the  time  allotted  aforesaid  to  alter,  remove,  or 
amend  the  same  in  conformity  with  the  directions  afore- 
said, the  party  or  parties  offending  shall  forfeit  and  pay  the 
further  sum  of  five  dollars. 


279 


§  4.  They  shall  inspect,  and  it  shall  be  lawful  for  them  ^*£j££a. 
for  snch  inspection  to  enter  into  or  upon  all  buildings,  livery  tions- 
or  other  stables,  boats  or  vessels,  and  places  where  any  gun- 
powder, saltpetre,  hemp,  flax,  tow,  hay,  rushes,  firewood, 
boards,  shingles,  shavings,  or  other  combustible  materials 
may  be  lodged,  and  they  shall  give  such  directions  in 
writing  in  the  premises  as  may  be  deemed  necessary  by 
them  or  either  of  them,  relative  to  the  removal  thereof, 
and  in  case  of  the  neglect  or  refusal  on  the  part  of  the 
possessor  of  such  combustible  materials  or  either  of  them, 
to  remove  or  secure  the  same  within  such  time  and  in  the 
manner  directed  by  the  said  fire  wardens  or  either  of 
them,  the  party  offending  shall  forfeit  and  pay  twenty- 
five  dollars,  and  the  further  sum  of  five  dollars  for  every 
twenty-four  hours  neglect  to  remove  or  secure  the  same 
after  being  so  notified. 

Adopted  in  common  council,  March  16,  1857. 

Approved  by  the  mayor,  March  23,  1857. 


CHAPTER  IV. 

AN   ORDINANCE   IN   RELATION   TO   CERTAIN   EVIL  PRAC- 
TICES,   AND    THE    PROTECTION    OF    PERSONS  AND 
PROPERTY    FROM    FIRE,  GUNPOWDER,  ANI- 
MALS, OBSTRUCTIONS  IN  THE  STREETS, 
AND  OTHER  CAUSES. 

The  Common  Council  of  the  City  of  Brooklyn  do  ordain  as 
follows: 

ARTICLE  I. 

GENERAL  PROVISION. 

Section  1.  The  provisions  of  this  ordinance  shall  ap-  Penalties  for 

i  i        •         n  t»       i  n  violating  this 

ply  to  the  city  of  Brooklyn,  and  every  part  thereof,  except  ordinance, 
in  cases  where  otherwise  expressed,  and  the  penalty  for 


280 


violating  any  of  them  shall  be  ten  dollars  for  each  offence, 
except  in  cases  where  a  different  penalty  is  by  this  ordi- 
nance imposed  for  any  violation  thereof,  and  every  person 
violating  any  such  provision  shall  be  liable  to  such  pen- 
alty for  each  offence  respectively. 


ARTICLE  II. 


Public  bathing. 


Common  shows 


Gambling  houses 
and  fighting 
exhibitions. 


Gambling. 


PRACTICES  AGAINST  PUBLIC  MORALS. 

Section  1.  No  person  shall  swim  or  bathe  in  the  waters 
of  or  bounding  the  city,  by  day ;  or  in  such  waters  within 
two  hundred  feet  of  any  ferry  or  other  public  landing 
place  or  bridge,  at  any  time,  without  being  clothed  so  as 
to  prevent  any  indecent  exposure  of  the  body. 

§  2.  No  person  shall  exhibit,  or  cause  or  permit  to  be 
exhibited,  any  circus  performance,  show  of  living  animals, 
rope  dancing,  puppet  show,  or  other  common  show,  with- 
out a  permit  from  the  mayor  and  aldermen  of  the  ward 
within  which  the  same  shall  be  exhibited,  under  the  pen- 
alty of  twenty -five  dollars. 

§  3.  No  person  or  persons  shall  set  up,  keep,  or  main- 
tain, or  permit  to  be  set  up,  kept,  or  maintained,  in  any  house 
or  premises  occupied  by  him,  any  faro  table,  faro  bank, 
roulette,  or  other  device  or  game  of  chance,  hazard,  or  ad- 
dress for  the  purpose  of  gaming,  or  any  boxing-ring,  cock- 
pit, or  other  place  for  the  exhibition  of  animals  in  fight, 
under  the  penalty  of  one  hundred  dollars  for  each  offence ; 
and  it  shall  be  the  duty  of  the  police,  and  they  are  hereby 
authorized,  to  enter  upon  any  premises  where  any  instru- 
ments or  devices  employed  in  gaming  shall  be  used  con- 
trary to  this  ordinance,  and  to  carry  away  and  destroy 
the  same.  But  this  section  shall  not,  nor  shall  the  follow- 
ing section,  be  construed  to  apply  to  bowls  and  billiards. 

§  4.  No  person  shall  deal,  play,  or  engage  in  faro,  rou- 
lette or  other  device  or  game  of  chance,  hazard,  or  address, 


281 


either  as  banker,  player,  dealer,  or  otherwise,  for  the  pur- 
pose of  gaming. 

§  5.  No  person  shall  erect,  set  up,  keep  or  maintain,  or 
permit  to  be  set  up,  kept  or  maintained,  in  any  house  or 
premises  occupied  by  him,  any  bowling  alley,  ball  alley, 
or  billiard  table,  for  public  use,  unless  he  shall  first  ob- 
tain a  license  from  the  mayor  therefor ;  and  the  mayor  is 
hereby  authorized  to  grant  such  licenses  from  time  to  time, 
with  such  limitations,  restrictions  and  conditions  as  he  may 
deem  proper,  to  expire  on  the  first  day  of  May  thereafter, 
and  to  revoke  the  same  at  pleasure ;  and  there  shall  be 
paid  for  every  such  license  the  sum  of  three  dollars  for 
each  and  every  alley  or  table. 

ARTICLE  III. 

ANIMALS  RUNNING  AT  LARGE. 

Section  1.  No  person  owning  or  having-  charge  of  any  Animals  running 

,  °  ,        ,  at  large  to  be 

cattle,  horses,  sheep,  swine,  geese,  goats,  or  other  brute  impounded  and 
animals,  shall  permit  them,  or  any  of  them,  to  run  at  large 
in  any  street,  road,  lane,  alley,  or  public  square  or  park, 
under  the  penalty  of  five  dollars  for  each  of  such  cattle, 
horses,  sheep,  swine,  geese,  or  goats  so  running  at  large ; 
and  any  such  cattle,  horses,  sheep,  swine,  geese,  or  goats, 
so  running  at  large,  may  be  driven  by  any  person,  and  it 
shall  be  the  duty  of  the  police  to  cause  them  to  be  driven, 
to  the  nearest  public  pound ;  and  it  shall  thereupon  be  the 
duty  of  the  master  of  such  pound,  and  he  is  hereby  author- 
ized, to  sell  the  same  at  such  pound  at  public  auction,  to 
the  highest  bidder,  within  five  days  thereafter,  upon  three 
days'  notice  in  writing,  to  be  affixed  to  the  outside  door, 
or  gate,  or  show  board,  of  such  pound,  and  of  the  city  hall, 
unless  the  owner  shall  previously  redeem  the  same  by 
paying  him  the  reasonable  expense  of  driving  them  to  the 
pound,  not  exceeding  fifty  cents  each  animal,  and  the 
19 


\ 


282 


Lights  in  stables 


Discharging 
firearms  and 
fireworks. 


Keeping 
firework?, 


amount  of  his  fees  for  keeping  and  feeding  the  same, 
at  the  rate  of  fifty  cents  for  each  animal  or  goose  for 
every  twenty-four  hours,  or  fractional  part  thereof  over 
twenty-four  hours,  and  out  of  the  proceeds  of  such  sale 
to  pay  the  penalty  incurred  for  violation  of  this  section,  as 
hereinbefore  provided,  the  reasonable  expense  for  driving 
them  to  the  pound,  and  the  expense  of  keeping  and  feed- 
ing the  same  at  the  rates  above  mentioned,  and  of  selling 
the  same  at  the  rate  of  fifty  cents  for  each  one  sold ;  and 
to  pay  over  the  balance,  for  the  benefit  of  the  owner,  to 
the  mayor,  with  an  account  showing  by  whom  and  when 
they  were  driven  to  the  pound,  when  sold,  and  the  amount 
of  sales  monthly. 

AETICLE  IV. 

PROTECTION  FROM  FIRE. 

Section  1.  No  person  shall  take  or  use  in  any  barn  or 
stable  within  the  fire  district  any  lighted  candle,  oil  or 
fluid  lamp,  or  any  burning  light,  of  any  kind  whatsoever, 
unless  the  same  be  inclosed  and  secured  in  a  good  glass, 
horn,  or  other  lantern. 

§  2.  No  person  shall  fire  or  discharge  any  cannon,  gun, 
pistol,  fowling  piece,  or  firearms  of  any  description,  or 
explode  or  set  of!  any  rocket,  squib,  torpedos,  cracker,  or 
combustible  fireworks  of  any  description,  wTithin  the  fire 
district;  provided  that  nothing  in  this  section  contained 
shall  be  construed  to  extend  to  any  military  parade,  ex- 
ercise or  review,  or  to  any  fireworks  exhibited  by  order  of 
the  common  council,  or  by  any  exhibitor  who  shall  be  au- 
thorized by  a  permit  from  the  mayor  to  exhibit  the  same 
for  public  amusement,  or  to  any  act  on  the  Fourth  day  of 
July  not  done  wilfully  to  frighten  or  injure  any  person,  or 
horse,  or  to  injure  or  destroy  the  property  of  any  person. 

§  3.  No  person  shall  have  or  keep  at  any  one  time  in 
any  building  within  the  fire  district,  for  the  purpose  of 


283 


sale,  or  otherwise  without  a  permit  in  writing  from  the 
mayor,  combustible  fireworks  of  any  description,  weighing 
in  the  aggregate  more  than  twenty- five  pounds. 

§  4.  No  person  shall  build  any  bonfire  or  other  fire  in  bSlSng*  of  It* 
any  street,  avenue,  road,  lane,  or  public  ground  within  the  blsh  in  street* 
fire  district,  without  a  permit  first  obtained  from  the  cap- 
tain or  assistant  captain  of  police  of  the  district,  who  may, 
in  such  cases  only  as  may  be  proper,  for  the  destruction  of 
any  straw  or  other  rubbish,  and  where  the  same  can  be 
done  without  damage  to  property  or  annoyance  to  the 
public,  give  permits  for  the  same  to  be  done  after  the 
dusk  of  the  day,  and  at  least  twenty -five  feet  from  any 
building. 

§  5.  No  person  shall  permit  any  chimney,  stove  pijDe  or  Chimney  fires, 
flue  on  any  building  occupied  or  possessed  by  him  within 
the  fire  district,  to  take  fire. 

§  6.  No  person  shall,  within  the  fire  district,  deposit  Ashes, 
ashes  on  the  wooden  floor  of  any  building,  or  in  any  bar- 
rel, box,  or  other  wooden  vessel  standing  on  any  such  floor, 
or  place  any  such  barrel,  box,  or  other  vessel,  containing 
ashes,  upon  any  such  floor. 

§  7.  No  person  shall  within  the  fire  district  have,  put  or  ft^£in£cha-v- 
keep,  any  hay  or  straw  uncovered  in  any  stack  or  pile,  or 
in  any  other  way  exposed,  within  one  hundred  yards  of 
any  building ;  or  have,  put  or  keep  any  hay,  straw,  hemp, 
flax,  shavings,  or  rushes,  in  any  building  not  of  stone  or 
brick,  and  covered  with  tile,  slate,  tin  or  other  fire-proof 
material,  within  ten  feet  of  any  dwelling  house  or  chimney, 
under  the  penalty  of  twenty-five  dollars,  and  the  further 
penalty  of  five  dollars  for  every  twenty -four  hours  the 
same  shall  so  remain,  after  notice  from  any  fire  warden  to 
remove  the  same. 


284 


ARTICLE  V. 


Keeping  gun- 
powder in 
buildinss. 


Carrying  the 
same  in  the 
streets. 


Gunpowder  on 
board  of  vessels. 


Damages  from 
explosions. 


Seizure  in  cer- 
tain cases. 


KEEPING  AND   CONVEYING  GUNPOWDER. 

Section  1.  No  person  shall  have,  keep  or  cause  to  be 
kept,  or  allow  to  be  kept,  in  any  store,  storehouse,  manu- 
factory or  other  building,  any  quantity  of  gunpowder  ex- 
ceeding twenty -five  pounds  in  weight,  or  shall  keep  any 
gunpowder  whatever  in  any  building,  except  in  tin  canis- 
ters, at  all  times  kept  securely  closed,  under  pain  of  for- 
feiture of  the  gunpowder  and  a  penalty  of  fifty  dollars  for 
each  offence. 

§  2.  No  person  shall  carry,  or  cause  to  be  carried,  any 
gunpowder  through  any  street,  lane  or  alley,  in  any  cart, 
wagpn  or  other  mode  of  conveyance,  unless  the  same  be 
secured  in  tight  casks,  kegs  or  cases,  well  headed  and 
hooped,  and  said  casks,  kegs  or  cases,  be  put  into  and 
entirely  covered  with  a  bag  or  case  sufficient  to  prevent 
any  of  said  gunpowder  from  being  spilled  or  scattered,  un- 
der pain  or  forfeiture  of  the  gunpowder  and  a  penalty  of 
fifty  dollars  for  every  offence. 

§  3.  No  ship,  barque,  brig,  lighter,  or  other  vessel,  con- 
taining any  quantity  of  gunpowder  over  and  above  twenty- 
five  pounds,  shall  make  fast  to  any  pier,  wharf  or  bulk- 
head, or  anchor  within  the  jurisdiction  of  this  city,  under 
pain  of  the  forfeiture  of  all  gunpowder  found  on  board, 
and  a  penalty  of  fifty  dollars,  to  be  recovered  from  the 
owner  or  captain  of  the  vessel. 

§  4.  In  case  of  an  explosion,  caused  by  a  larger  quantity 
of  gunpowder  than  twent}r-five  pounds,  kept  in  any  build- 
ing or  vessel  whatever,  contrary  to  the  above  sections  of 
this  article,  the  occupant  or  occupants  of  any  such  build- 
ing, and  the  captain,  owner  or  owners,  respectively,  of  any 
such  vessel  as  aforesaid,  shall  forfeit  and  pay  a  penalty  of 
one  thousand  dollars. 

§  5.  All  gunpowder  which  shall  be  found  in  any  store, 


285 


storehouse,  manufactory  or  other  building,  or  which  may 
be  found  in  any  cart,  wagon,  or  other  vehicle,  as  aforesaid, 
or  on  board  any  brig,  barque,  ship  or  other  vessel  which 
shall  make  fast  to  any  pier,  wharf  or  bulkhead  in  the  city 
of  Brooklyn,  or  anchor  within  the  jurisdiction  of  this  city 
in  violation  of  any  provision  of  this  ordinance,  shall  be 
immediately  seized  by  the  fire  wardens,  or  one  of  them, 
and  removed  to  some  secure  place ;  and  it  is  hereby  made 
the  duty  of  the  police  and  all  constables  to  assist  in  said 
seizure  when  called  upon. 

§  6.  Nothing  in  this  ordinance  contained  shall  in  anv Nayy Tard 

00  #  J  exempted. 

way  apply  to  any  gunpowder  which  may  be  stored  in  the 
United  States  Navy  Yard,  or  which  may  be  on  board  of 
any  vessel  inclosed  within  or  under  the  jurisdiction  of  the 
officers  of  the  said  United  States  Navy  Yard. 

ARTICLE  VI. 

OBSTRUCTIONS  IN  THE  STREETS. 

Section  1.  No  person  shall  obstruct  or  encumber  anv  obstructions  in 

_  streets. 

public  wharf,  street  or  other  public  place,  with  any  article 
or  thing  whatsoever ;  and  any  obstruction  or  incumbrance 
on  such  wharf,  street  or  public  place,  shall  be  removed 
therefrom  by  the  police,  under  such  directions  as  shall  be 
given  by  the  street  commissioner  or  mayor,  or  by  such 
other  person  as  the  street  commissioner  or  mayor 
shall  direct  or  employ.  But  this  section  shall  not  be  con- 
strued to  prevent  or  to  authorize  the  removal  of  any  obstruc- 
tion or  incumbrance  in  this  ordinance  or  other  ordinances, 
or  by  any  resolution  of  the  common  council  permitted  or 
necessary  in  the  regulating,  paving  or  repairing  any  street, 
or  for  doing  any  public  work,  provided  the  regulations 
and  conditions  in  such  ordinances,  resolutions  and  contracts, 
giving  such  permission,  or  prescribing  the  mode  of  regu- 
lating, paving  or  repairing  of  such  street,  or  of  doing  such 


286 


public  work,  be  fully  observed  ;  nor  shall  this  section  be 
construed  to  prevent  the  moving  or  removing  any  article 
in  the  way  of  trade  or  business,  or  for  the  use  of  any  fami- 
ly from  or  to  any  house,  or  for  the  erecting  or  repairing 
any  house,  or  other  work,  on  the  adjoining  land,  provided 
the  same  be  so  moved  or  removed  without  any  unnecessary 
delay,  and  so  as  to  leave  a  passage  both  on  the  sidewalks 
for  foot  travellers,  and  on  the  carrigeway  for  vehicles  to 
pass  and  repass  ;  or  be  construed  to  prevent  the  loading  or 
unloading  passengers  from  any  public  or  private  convey- 
ance, or  of  vehicles  waiting  a  reasonable  time  for  such  pur- 
pose. 

bniidin^^0111  §  2-  No  person  shall  construct  any  bow  window  or 
other  "window,  which  shall  extend  into  any  street  more 
than  one  foot  from  the  wall  of  any  house  or  other  building, 
or  shall  construct  any  cellar  door  which  shall  extend  into 
the  street  more  than  one-twelfth  part  of  the  width  of  such 
street,  or  more  than  five  feet ;  or  shall  construct  any  porch 
which  shall  project  in  any  street  over  a  cellar  door,  or 
shall  construct  any  platform,  stoop,  or  step,  which  shall 
extend  into  any  street  more  than  one-tenth  part  of  the 
width  of  such  street,  or  more  than  seven  feet,  or  with  any 
other  than  open  backs,  sides,  or  railings,  or  of  greater 
width  than  is  necessary  for  the  jDurpose  of  a  convenient 
passage  way  into  the  house  or  building  to  which  it  shall  be 
attached,  or  any  stoop  or  steps  which  shall  exceed  five  feet 
in  height ;  or  shall  dig,  build,  or  construct  any  area  into 
the  street,  in  front  of  any  building,  which  shall  extend 
more  than  one  fifteenth  part  of  the  width  of  any  street,  or 
more  than  five  feet,  or  which  shall  not  be  provided  with  a 
sufficient  railing  on  the  top  thereof,  to  protect  travellers 
from  falling  therein,  placed  not  more  than  six  inches  from 
the  inside  of  the  coping  on  the  wall  of  such  area,  and 
with  no  gates  opening  outward,  under  the  penalty  of  two 
hundred  and  fifty  dollars  for  each  and  every  offence. 


287 


§  3.  No  person  shall  erect  or  put  lip  in  any  street,  any 
post,  awning-post  or  railing,  or  any  cloth  or  canvass  for  an 
awning,  except  tie-posts  and  awning- posts,  which  may  be 
erected  or  inserted,  provided  the  same  be  painted  and 
modeled  as  may  be  directed,  from  time  to  time,  by  the 
mayor,  and  be  placed  only  next  to  and  inside  of  the  curb 
stone,  and  provided  such  awning-posts  shall  be  at  least 
seven  feet  high  above  the  sidewalk,  and  except  cloth  or 
canvass  awnings  for  posts  put  up  as  herein  provided,  and 
except  cloth  and  canvass  awnings  projected  from  any  build- 
ing where  the  same  shall  not  project  into  the  street  beyond 
the  distance  in  this  article  allowed  for  the  projection  of 
platforms  or  steps,  into  such  street ;  or  shall  permit  such 
cloth  or  canvass  awning  to  hang  loosely  down  over  the 
sidewalk  ;  or  shall  hang  or  place  in  any  street  any  goods, 
wares  or  merchandise,  or  any  article  whatever,  at  any 
greater  distance  than  twelve  inches  in  front  of  the  house  w 
or  store  occupied  by  him  ;  or  shall  raise,  or  hoist,  or  per- 
mit or  suffer  to  be  raised  or  hoisted,  from  any  street  into 
any  building,  loft,  store  or  room,  or  lower,  or  permit,  or 
suffer  to  be  lowered,  from  any  building,  loft,  store  or  room, 
into  any  street,  any  cask,  bale,  bundle,  box,  crate,  or  any 
goods,  wares,  merchandise,  boards,  planks,  joists,  timber  or 
article  whatever,  by  means  of  any  rope,  pulley,  tackle  or 
windlass ;  or  shall  plant  any  tree  in  any  street,  except 
next  to  and  inside  of  the  curb  or  curb  line  of  such  street 
under  the  penalty  of  twenty-five  dollars  for  each  offence. 

§  4.  No  person  shall  cause  or  procure  any  vault  or  cis-  vaults  and 
tern  to  be  constructed  or  made  in  any  street  or  avenue" 
without  a  permit  from  the  street  commissioner,  and  paying 
the  sum  of  ten  cents  per  superficial  foot  for  the  use  of  the 
city,  or  shall  cause  the  same  to  be  extended  further  than 
one-fourth  of  the  width  of  the  street  beyond  the  line  of 
the  street  adjoining  bis  property ;  or  to  be  built  otherwise 
than  of  brick  or  stone,  and  arched  on  top,  and  well  secured, 


288 


or  unless  a  lighted  lamp  or  lantern  be  placed  and  kept 
during  the  night  time,  at  a  suitable  spot,  sufficient  to  warn 
passers-by  of  the  opening,  while  in  process  of  construc- 
tion ;  or  shall  cause  any  aperture  or  opening  from  the 
street  to  such  vault  to  be  made,  unless  the  same  be  made 
within  two  feet  of  the  curb  of  the  sidewalk,  or  within  two 
ieet  of  the  coping  of  the  area  or  railing  in  front  of  the 
house  to  which  such  vault  shall  belong ;  or  unless  such 
aperture  or  opening  be  provided  with  a  strong  close  cover, 
or  with  an  iron  grate,  the  bars  of  which  shall  be  three- 
fourths  of  an  inch  wide  and  one-half  of  an  inch  thick,  and 
not  more  than  three-fourths  of  an  inch  apart ;  or  shall  cause 
or  procure  any  slide  or  chute  opening  in  any  street  to  be 
built,  unless  the  same  be  securely  covered  with  stone,  or 
arched  with  brick,  and  its  aperture  or  opening  into  the 
street  be  made  within  the  same  limits,  and  covered  with  a  close 
cover  or  grate,  as  above  provided  for  the  apertures  and  open- 
ing to  vaults,  under  the  penalty  of  fifty  dollars  for  each  offence. 

§  5.  Iso  person  shall  throw,  lay,  place,  or  cast  any  dirt, 
ashes,  filth,  dross,  cinders,  or  rubbish  of  any  kind,  or  any 
shells  of  oysters,  clams  or  other  fish,  or  any  offals,  vegeta- 
bles or  garbage,  or  any  filthy  waters  or  liquid,  in  any 
street,  avenue,  alley,  or  public  square,  except,  however, 
that  ashes  and  garbage  may  be  placed  on  the  outer  edge 
of  the  sidewalk,  in  tight  vessels,  so  as  not  to  run  or  drop 
upon  such  street,  avenue,  lane,  or  public  square,  and  in 
vessels  of  such  dimensions  as  may  be  conveniently  deliv- 
ered to  and  handled  by  the  ash  and  garbage  cartmen,  pro- 
vided the  same  be  so  placed  in  such  vessels,  and  permitted 
to  remain  therein  on  such  sidewalk,  only  on  the  days  and 
during  the  hours  designated  by  the  aldermen  of  the  ward 
for  the  removal  of  ashes  and  garbage  by  the  contractor 
for  cleaning  any  such  street  or  avenue ;  and  provided  such 
vessels  be  removed  from  such  sidewalk  within  one  hour 
after  the  same  shall  have  been  emptied  by  the  ash  and 
garbage  cartman. 


289 


§6.  No  person  shall  turn  over,  throw  down,  upset  or Ash vessel?- 
break  any  vessel  containing  ashes  or  garbage  and  placed 
on  the  sidewalk  for  the  purpose  of  being  emptied  by  the 
ash  and  garbage  cartmen,  so  as  to  spill  or  throw  the  con- 
tents thereof  upon  the  street;  or  shall  in  any  way  spill  or 
throw  the  contents  thereof  upon  the  street. 

§  7.  No  person  owning,  building,  or  repairing  any  house  ^1r1sfrom 
or  other  building,  shall  cast,  throw  or  place,  or  permit  or 
suffer  to  be  cast,  thrown  or  placed  into  the  street  or  avenue 
adjoining  the  same,  any  earth,  stone,  sand  or  clay,  which 
may  be  dug  from  any  cellar,  area,  vault  or  yard,  of  such 
house  or  building,  or  any  rubbish  or  shavings  from  such 
house  or  building,  except  that  any  such  earth,  stone,  sand 
or  clay,  may  be  thrown  upon  the  sidewalk  after  sunrise, 
provided  that  the  same  be  immediately  removed,  and  be 
not  left  there  after  sunset  of  the  same  day ;  and  provided 
further  that  the  street  commissioner  may,  in  any  case 
which  he  may  deem  proper,  forbid,  in  writing,  the  same  to 
be  done;  and  thereupon  the  same  shall  not  be  done  in 
such  case. 

§  8.  No  person  shall  permit  any  snow  or  ice  to  remain  Snow  and  ic 
on  the  sidewalk  and  gutter  in  front  of  any  house,  building 
or  lot,  occupied  by  him,  or  of  any  unoccupied  house, 
building  or  lot,  owned  by  him,  more  than  four  hours  after 
the  fall  thereof;  or  any  dirt  or  rubbish  to  remain  thereon, 
more  than  four  hours  after  notice  thereof  from  the  police* 

§  9.  No  person  shall  throw,  place  or  pile,  or  assist  in  ^crka3ilroad 
throwing,  placing  or  piling  any  snow,  ice  or  other  impedi- 
ment or  obstruction  to  the  running  of  the  cars  of  the 
Brooklyn  city  railroad  company  upon  the  tracks  of  the 
said  company,  or  in  the  space  between  the  rails  thereof,  or 
in  the  space  between  the  tracks  and  a  line  distant  three 
feet  outside  of  such  rails. 

§  10.  No  person  shall  place,  or  cause  or  permit  to  be  Vehicles. 


290 


placed  or  left  any  cart,  sleigh,  wagon,  carriage  or  vehicle, 
of  any  kind,  not  in  use*,  in  any  street,  avenue  or  public 
ground;  and  the  police  are  hereby  directed  to  cause  the 
same  to  be  removed  therefrom. 

"aSTon"1         §  !!•        person  shall  drive,  back  or  lead  any  horse  or 
sidewalks.       cart  or  w]ieei  carriage  on  the  footpath  or  sidewalk  of  any 
street  or  avenue. 

ui'rou-'ifthe  §  ^  ^°  Person  shall  remove,  or  cause,  or  permit  to  be 
streetR  removed,  or  shall  aid  or  assist  in  removing  any  building 

into,  along  or  across  any  street,  lane,  alley,  or  public  place, 
without  permission  of  the  common  council,  under  the  pen- 
alty of  two  hundred  and  fifty  dollars  for  each  offence. 

beremoved8*0  §  ^e  street  commissioner  is  hereby  authorized  and 
from  the  streets,  directed  to  take  out,  remove,  and  abate,  or  cause  to  be 
taken  out,  removed  and  abated,  any  stoop,  step,  platform, 
bay-window,  cellar-door,  area,  descent  into  a  cellar  or  base- 
ment, sign,  post,  tree  erection,  and  any  projection  from 
any  building  or  otherwise,  and  any  house  or  building,  and 
any  vault,  cistern,  slide  or  chute  in,  over  or  upon  any 
street  or  avenue,  and  any  snow,  ice,  or  rubbish  upon  any 
sidewalk  or  gutter,  contrary  to  the  provisions  of  this  arti- 
cle, and  the  expense  thereof  shall  be  recoverable  of  the 
owner  or  occupant  of  the  premises  appertaining  to  the 
same  respectively- 

AETICLE  YII. 

MISCELLANEOUS  PRACTICES. 

injuring  trees.  Section  1.  Ko  person  except  the  owner,  shall  cut  down, 
destroy,  break  or  any  way  injure  any  tree  or  shrub  stand- 
ing in  any  street,  avenue  or  public  place,  unless  by  direc- 
tion of  the  common  council,  or  by  the  street  commissioner 
for  the  purpose  of  regulating  sucli  street. 

M.rfoJsewei?111*  §  2-  ^°  Person  sna11  stoP  or  obstruct  the  passage  of  the 
water  of  any  street,  gutter,  or  public  sewer,  culvert,  or 
water-pipe,  pump  or  hydrant  laid  or  placed  by  the  city. 


291 


§3.  No  person  shall  sift  or  screen  any  ashes,  lime,  dirt  Screening  ashes, 
or  sand,  or  shake  any  carpet  in  any  street,  avenue,  or 
public  ground,  or  permit,  suffer,  or  employ  the  same  to 
be  done. 

§  4.  No  person  shall  light  any  public  lamp  or  extinguish  j^WtagpoNfc 
the  light  of  any  public  lamp,  without  having  been  lawfully 
appointed  for  such  purpose. 

§  5.  No  person  shall  wash,  or  cause  to  be  washed  any  Washing  or 

°  1  1  J  carnages. 

cart,  carriage  or  other  vehicle,  in  any  street,  avenue,  or 
public  place. 

§  6.  No  person  shall  damage  or  any  way  deface  or  in-  ^p^hLips 
jure  any  public  well,  pump,  hydrant  or  cistern;  or  shall tobedaS^ed? 
break  the  glass  of  an}^  such  lamp  ;  or  shall  take  down  or 
carry  away  any  such  lamp  hung  or  fixed  in  any  street, 
avenue,  or  public  grounds;  or  shall  injure  or  damage  any 
fixtures  of  such  lamp  or  public  lamp-post ;  or  shall  tie, 
hitch,  or  make  fast  any  horse  or  other  animal  to  any  such 
lamp-post  or  pump  ;  or  shall  drive  any  cart,  wagon,  car- 
riage or  other  vehicle  against  any  such  lamp  or  pump ;  or 
shall  take  or  use  the  water  from  any  public  cistern  except 
for  the  purpose  of  extinguishing  fire ;  or  shall  throw  any 
substance  or  article  into  any  public  well,  or  shall  cut,  mark, 
injure  or  deface  the  city  hall,  or  any  public  building  or 
market  house  belonging  to  the  city,  or  any  station  house 
or  engine  house,  or  any  sewer,  railing  or  gate  inclosing 
any  square  or  public  park;  or  cut,  break,  or  injure  any 
tree,  grass  or  shrub  or  walk  in  any  square,  or  public  park; 
or  shall  cut,  break,  or  injure  any  water  pipe  or  hydrant 
laid  or  placed  by  the  city. 

§  7.  No  person  shall  suffer  or  permit  any  horse  or  other  Howes  drinking 
animal  to  drink  from  a  pail  or  other  vessel  while  the  same from  pumps- 
is  suspended  from  or  attached  to  the  spout  or  other  part  of 
any  public  pump  or  hydrant  in  anjr  street  or  public 
grounds. 


Horses  without  a 
driver. 


Rock-blasting. 


292 

Kite  flying.  §  8.  No  person  sliall  raise  or  fly  or  attempt  to  raise  or 
fry  any  kite  in  any  street  or  avenue. 

SdJwBg.gaild  §  9.  No  person  sliall  engage  in  horse  racing,  or  ride  or 
drive  any  horse  in  any  street,  avenue  or  road  with  greater 
speed  than  at  the  rate  of  five  miles  an  hour  ;  and  any  per- 
son violating  this  provision  shall  be  stopped  by  the  police. 

§  10.  No  person  shall  at  the  same  time  drive,  lead,  or 
direct  more  than  one  team  or  vehicle,  or  suffer  or  permit 
ari}r  horse  or  horses,  or  other  animal  or  animals  attached  to 
any  carriage,  cart,  wagon,  sledge,  truck  or  other  vehicle 
to  go  without  a  driver  in  any  street,  avenue  or  road,  or  to 
stand  in  any  street,  avenue  or  road  without  a  person  in 
charge,  or  without  being  secured  to  a  tying  post. 

11.  No  person  shall  blow  or  blast,  or  permit  to  be 
blown  or  blasted  any  rock  at  any  time  between  the  hours 
of  six  o'clock  in  the  forenoon  and  seven  o'clock  in  the 
afternoon  of  any  clay  between  the  first  day  of  May  and  the 
first  day  of  September  in  any  year,  or  between  the  hours 
of  eight  o'clock  in  the  forenoon  and  five  o'clock  in  the 
afternoon  of  any  day  between  the  first  day  of  September 
and  the  first  day  of  May  in  any  year. 

§  12.  No  person  shall  throw  or  cast  any  stone  or  other 
missile  in,  from  or  to  any  street,  avenue,  lane,  public  place 
or  uninclosed  ground. 
Removing  vault     §  13.  ]$0  person  shall   remove  or  insecurely  fix.  or 

covers.  or  J 

cause,  or  procure,  or  suffer,  or  permit  to  be  removed,  or  to 
be  insecurel}r  fixed  so  that  the  same  can  be  moved  in  its 
bed,  any  grate  or  covering  to  the  opening  or  aperture  of 
any  vault  or  chute  under  any  street  or  avenue ;  but  no- 
thing herein  contained  shall  prevent  the  owner  or  occu- 
pant of  the  building  with  which  such  shall  be  connected 
from  removing  such  grate  or  covering  for  the  proper  pur- 
pose of  such  vault  or  chute,  provided  he  inclose  such  open, 
ing  or  aperture  and  keep  the  same  inclosed,  while  such 


Throwing  stones, 


293 


grate  or  covering  shall  be  removed,  with  a  strong  box  or 
kerb  at  least  twelve  inches  high,  firmly  and  securely  made, 
and  further  provided  that  he  shall  not  remove  such  grate  or 
covering  until  after  sunrise  of  any  day,  and  shall  replace 
such  grate  or  covering  before  one  half  hour  after  sunset. 

§11.  No  person  shall  raise  or  assist  in  raising  a  false  J^56  alarms  of 
alarm  of  fire  ;  or  shall  make  a  cry  of  fire  without  any  ap- 
parent cause  therefor,  for  the  purpose  of  an  alarm,  or  shall, 
unless  he  be  a  duly  appointed  bell  ringer,  ring  any  bell 
for  the  purpose  of  raising  an  alarm  of  fire,  except  in  case 
of  fire. 

§  15.  No  person  unless  a  fireman,  policeman  or  public 
officer,  shall  enter  or  assemble  with  any  other  person  or 
persons,  in  any  engine  house  belonging  to  the  city,  at  any 
time  or  times,  without  the  permission  of  the  foreman  of  the 
company. 

§  16.  No  person  other  than  a  fireman  or  person  of  theSjJSJJjJJ* 
age  of  eighteen  years,  shall  drag,  or  run  with,  or  assist  in 
dragging  any  fire  engine,  hook  and  ladder  cart  or  hose 
cart. 

§  17.  No  one  shall  personate  a  fireman  or  officer  of  the  j2ennatiDg 
fire  department  at  a  fire  or  going  to  or  returning  from  a 
fire,  or  when  on  duty  otherwise,  by  wearing  a  cap  or  car- 
rying a  trumpet  or  otherwise. 

Adopted  in  common  council,  February  11th,  1857. 

Approved  by  the  mayor,  February  13th,  1857. 


294 


CHAPTER  V. 

AN  ORDINANCE  FOR  THE  PRESERVATION  OF  THE  PUBLIC 

HEALTH. 


A  health  depart- 
ment established, 


Office. 


The  Common  Council  of  the  City  of  Brooklyn  do  ordain 
as  follows  :  . 

AETICLE  I. 

THE  HEALTH  DEPARTMENT. 

Section  1.  There  is  hereby  established  a  health  depart- 
ment, to  consist  of  the  health  officer  and  such  clerk  or 
clerks  as  the  common  council  shall  deem  it  expedient  to 
appoint. 

§  2.  The  health  officer  shall  keep  an  office,  open  daily, 
between  the  hours  of  9  A.  M.  and  3  P.  M.,  in  the  cit}^ 
hall,  for  the  business  of  the  health  department. 


ARTICLE  II. 


Penalties,  how- 
applied. 


Extent  of  this 
ordinance. 


Penalties. 


GENERAL  PROVISIONS. 

Section  1.  The  penalties  imposed  by  this  ordinance 
shall,  when  collected,  be  paid  into  the  city  treasury  and 
placed  to  the  credit  of  a  separate  and  distinct  fund,  to 
be  called  the  health  department  fund;  the  moneys  in 
which  are  hereby  appropriated  for  the  purpose  of  this  or- 
dinance and  for  the  expenses  of  the  health  department. 

§  2.  The  provisions  of  this  ordinance  shall,  except  where 
otherwise  herein  especially  mentioned,  apply  to  the  whole 
of  the  city  of  Brooklyn  and  every  portion  thereof. 

§  3.  Every  person  violating  any  provision  of  this  ordi- 
nance shall,  where  no  other  penalty  is  mentioned  for  such 


295 


violation,  be  liable  to  a  penalty  of  twenty-five  dollars  for 
every  offence. 

AKTICLE  III. 

ANNUAL  SANITARY  SURVEY  AND  INSPECTION. 

Section  1.  There  shall  be  annually  made,  at  such  timeAnnual. 

J  '  inspectiou. 

between  the  months  of  November  and  March  as  the  health 
officer  shall  designate,  a  survey  and  inspection  for  the  pur- 
pose of  ascertaining  the  sanitary  condition  of  all  the  streets* 
lots  of  land,  yards  and  buildings  within  the  city,  and  the 
owners'  names  and  residences,  the  location  of  the  lots  and 
buildings,  and  the  uses  to  which  they  are  applied,  and  it 
shall  be  the  duty  of  the  captains  of  the  several  police  dis- 
tricts to  detail  for  that  purpose,  so  as  not  to  interfere  with 
the  night  duty  of  the  police,  so  many  of  the  policemen  as 
shall  be  necessary  to  perform  such  inspection  effectually, 
and  to  report  the  same  within  thirty  days  after  the  require- 
ment of  the  health  officer  for  that  purpose  approved  by 
the  mayor.  The  chief  of  police  is  charged  with  the  gen- 
eral superintendence  of  this  duty,  by  the  members  of  his 
department  as  herein  directed.  Blanks  in  a  suitable  form 
to  be  devised  by  the  health  officer,  shall  be  furnished  by 
the  health  officer,  or  by  the  commissioner  of  repairs  and 
supplies  upon  the  requisition  of  the  health  officer  approved 
by  the  mayor,  to  the  said  captains,  who  shall  file  the  re- 
ports with  the  health  officer  within  the  said  thirty  days. 

§  2.  If  upon  such  survey  and  inspection,  or  in  any  case,  Nuisances  iu 
any  street  shall  be  reported  to  the  health  officer  to  be  in  aKea.h°w 
filthy  condition,  it  shall  be  the  duty  of  the  health  officer 
immediately  to  visit  the  same,  and  if  in  his  opinion  its 
correction  or  abatement  be  necessary  for  the  public  health, 
he  shall  report  the  same  to  the  aldermen  of  the  ward,  who 
shall  cause  the  same  to  be  done,  and  the  expenses  thereof 
shall  be  charged  to  the  account  of  the  ward  for  cleaning 
the  streets. 


296 


Nuisance  in 
privy, 

bonding  or  lot, 
how  abated. 


Second  inspec- 
tion thereof. 


Penalty  upon 
owner  or 
occupant. 


§  3.  If  upon  such  survey  and  inspection,  or  in  any  case, 
any  privy,  sink  or  cesspool,  shall  be  reported  to  the  health 
officer  in  a  condition  requiring,  in  the  opinion  of  the  health 
officer,  for  the  public  health,  its  contents  to  be  removed, 
or  any  lot,  yard  or  cellar,  or  other  portion  of  any  building, 
requiring  to  be  cleansed,  it  shall  be  the  duty  of  the  health 
officer  to  prepare  a  notice  to  be  served  upon  the  owner  of 
any  such  privy,  sink,  cesspool,  yard  or  building,  personally, 
if  he  be  a  resident  of  the  city  of  Brooklyn,  and  not  absent 
therefrom,  then  upon  any  occupant  of  the  premises  per- 
sonally, or  if  there  be  no  occupant,  then  by  affixing  such 
notice  to  the  outer  door  of  such  building,  or  in  some  other 
conspicuous  part  of  the  premises,  requiring  the  owner  or 
occupant  to  remove  the  contents  of  such  privy,  sink  or 
cesspool,  or  to  cleanse  such  yard,  cellar,  or  building,  within 
ten  days  after  the  service  of  such  -notice. 

§  4.  Such  notice  shall  be  delivered  to  the  captain  of  po- 
lice of  the  district,  who  shall  cause  the  same  to  be  served 
by  the  policeman  making  the  report,  and  the  time  and 
manner  of  service  to  be  communicated  to  the  health  -  offi- 
cer, certified  in  writing  by  such  policeman,  and  a  further 
inspection  to  be  made  at  the  expiration  of  the  said  ten 
days  by  the  said  policeman,  whether  the  requirements  of 
such  notice  have  been  complied  with,  and  the  results  of 
such  further  inspection  reported  in  writing  to  the  health 
officer  within  five  days  after  the  expiration  of  the  said  ten 
days. 

§  5.  Any  owner  and  any  occupant  of  the  premises  afore- 
said, if  the  owner  be  a  non-resident  of  the  said  city,  failing 
to  comply  with  the  requirements  of  such  notice,  shall  be 
liable  to  a  penalty  of  one  hundred  dollars,  provided, 
nevertheless,  that  if  any  owner  or  occupant  shall  before 
judgment  rendered,  pay  the  expenses  in  the  next  section 
mentioned,  together  with  all  costs  and  charges  of  the  suit 
instituted  for  such  penalty,  such  suit  shall  be  discontinued. 


297 


§  6.  If  any  owner  or  occupant  as  aforesaid  shall  fail  to  Health  l,» 

J  x  .  abate  the  same. 

comply  with  the  requirements  of  such  notice,  it  shall  be 
the  duty  of  the  health  officer  to  cause  the  same  to  be  done, 
and  the  expenses  thereof  shall  be  paid  out  of  the  health 
department  fund  ;  and  for  that  purpose  the  financial  offi- 
cers of  the  city  are  authorized,  upon  the  order  of  the  said 
health  officer,  to  audit  and  pay  the  same,  and  to  draw  the 
necessary  warrants  for  that  purpose. 

§  7.  If  upon  such  survey  and  inspection,  or  in  any  case,  ^gmnecnetssi!' 
any  tenement  shall  be  reported  as  containing  in  the 
opinion  of  the  health  officer  an  undue  number  of  inmates, 
or  to  be  otherwise  dangerous  to  the  health  of  the  city,  it 
shall  be  his  duty  to  visit  the  same,  and  if  in  his  opinion 
such  report  be  well  founded,  he  shall  communicate  the 
facts  to  the  mayor,  who  shall  thereupon  convene  the  board 
of  health  for  its  action  in  relation  thereto. 

§  8.  If  upon  such  survey  and  inspection  any  lot  or  lots  Nuisances  on 
of  land  shall  be  reported  as  dangerous  to  public  health,  it 
shall  be  the  duty  of  the  health  officer  to  visit  the  same,  and 
if  in  his  opinion  such  be  the  case,  and  can  only  be  reme- 
died by  draining  or  filling  up  such  lot  or  lots  of  land,  lie 
shall  communicate  the  facts,  with  his  opinion,  to  the  com- 
mon council  for  its  action  in  relation  thereto. 

§9.  It  shall  be  lawful  for  the  mayor,  health,  officer,  Police  and  other 
aldermen  of  the  ward,  members  of  the  police  department,  enter  premises, 
and  all  persons  employed  by  the  health,  officer  under  the 
provisions  of  this  ordinance,  to  enter  into  and  upon  any 
land,  tenement,  building  or  other  premises  for  any  of  the 
purposes  of  this  ordinance,  and  any  person  preventing,  ob- 
structing or  resisting  any  officer  hereinbefore  named,  or 
person  employed  by  the  health  officer,  in  entering  into  or 
upon  any  land,  tenement,  building  or  other  premises,  for 
the  purposes  of  this  ordinance,  or  in  doing  any  act  required 
of  such  officer  by  this  ordinance,  or  by  said  health  officer 
20 


298 


in  pursuance  of  this  ordinance,  shall  be  liable  to  a  penalty 
of  one  hundred  dollars  for  each  and  every  offence. 

AKTICLE  IV. 

CERTAIN  OFFENCES  AGAINST  THE  PUBLIC  HEALTH. 

Contents  of         Section  1.  No  person  shall  permit  to  be  removed  from 

privies  not  to  be  1  * 

•H4nfIctiJnith0Ut  any  Premises>  °f  which  he  is  the  owner  or  occupant,  and 
no  person  shall  remove  the  contents  of  any  privy,  sink  or 
cesspool,  npon  or  over  any  street,  lane  or  public  place,  un- 
less the  same  have  been  previously  disinfected,  and  ren- 
dered inodorous  and  inoffensive. 

priv?esanhow  to  §  2.  No  sink,  privy  or  cesspool,  shall  hereafter  be  con- 
be  constructed,  striated  or  made  within  the  limits  of  the  lamp  and  fire 
districts,  unless  the  same  shall  be  constructed  of  brick  or 
stone,  and  be  at  least  ten  feet  in  depth  from  the  surface  of 
the  ground  when  such  depth  is  practicable,  under  the 
penalty  of  fifty  dollars,  to  be  recovered  from  the  owner 
and  builder  of  the  same,  severally  and  respectively. 

Not  to  be  con-       §  3,  ]S[0  privy,  sink  or  cesspool  shall  hereafter  be  made 

structed  within         °  .  . 

thirty  feet  of     or  constructed  within  thirty  feet  of  anv  public  well  or 

any  pump.  J  •/  x 

pump,  under  the  penalty  of  one  hundred  dollars,  to  be 
paid  by  the  owner  and  builder  thereof  severally  and  re- 
spectively. 

Nor  within  two      8  4.  No  person  shall  dig  anv  sink  or  cesspool,  or  build 

feet  of  adjoining        c  r  &       J    .  * 

or  erect  any  privy,  without  leaving  at  least  two  feet  of 
solid  earth  or  solid  mason  work,  laid  in  mortar  or  cement, 
to  be  measured  from  the  interior  line  of  said  sink,  cesspool 
or  privy,  horizontally  between  such  sink,  cesspool  or  pri- 
vy and  the  adjoining  lot,  under  the  penalty  of  twenty-five 
dollars,  to  be  paid  by  the  owner  and  builder  thereof, 
severally  and  respectively. 

contents  not  to      §  5.  ]STo  person  shall  cover  over,  and  no  owner  shall  per- 

be  drawn  off  into      o  i  ^  x 

any  hole,        mit  to  be  covered  over,  any  sink  or  privy  that  may  be  full 


299 


or  partly  full,  or  draw  off  or  permit  to  be  drawn  off  the 
contents  thereof  into  any  hole  or  place  dug  or  made  to  re- 
ceive the  same. 

§  6.  The  owner  or  occupant  of  any  house,  store,  build-  Nor  to  be  per- 

,  .  ,  .    ,  .  iin  mitted  to  rise 

mg  or  premises,  to  which  any  sink,  privy  or  cesspool  shall  within  two  feet 
belong  or  appertain,  shall  not  permit  the  contents  thereof 
to  rise  within  two  feet  of  the  surface  of  the  earth. 

§  7.  The  owner  or  occupant  of  any  house,  lot  or  prem-  Nor  to  be  emp- 

"  1  J  1  1  tied  during  cer- 

ises  within  the  limits  in  the  second  section  of  this  article tain  months, 
mentioned,  shall  not  empty  or  remove,  or  cause,  or  suffer, 
or  permit  to  be  emptied  or  removed,  the  contents  of  any 
sink,  privy  or  cesspool  between  the  first  day  of  May  and 
the  last  day  of  September,  in  any  year,  without  the  written 
permission  of  the  health  officer  obtained  for  that  purpose. 

§  8.  The  owner  or  occupant  of  any  house,  lot  or  prem-  Nor  during  cer- 

•  •  i  •        i      t     •      •       -i  i  •  n    i  •  •  i    tain  hours  of 

ises  within  the  limits  in  the  second  section  of  this  article  the  day. 
mentioned,  shall  not  cause,  or  suffer  or  permit  the  contents 
of  any  sink  or  privy  to  be  removed,  except  between 
the  hours  of  eleven  o'clock  in  the  evening  and  three 
o'clock  in  the  morning,  between  the  first  day  of  May  and 
the  last  day  of  September  in  any  year,  and  between  the 
hours  of  ten  o'clock  in  the  evening  and  six  o'clock  in  the 
morning  during  the  remainder  of  the  year. 

§  9.  No  person  shall  cast,  lay,  or  suffer  to  run,  in  or  Not  to  be 
upon  any  street,  lane,  alley,  lot  or  vacant  place  within  upon  tSestreet. 
the  limits  in  the  second  section  of  this  article  mentioned, 
the  contents  of  any  sink,  tub  or  cesspool. 

§  10.  No  person  shall  throw  or  deposit,  or  cause  or  suf-  n0  garbage  or 

n      .     ■.  -t         .,    n    •  .i  •  dead  animal  to 

fer  to  be  thrown  or  deposited,  m  any  sink,  privy  or  cess-  be  thrown  into, 
pool,  any  vegetable  substance  or  garbage,  or  offals  of  fish 
or  poultry,  or  any  dead  animal. 

§11.  No  slaughter  house  shall  be  hereafter  erected,  lo-  slaughter  houses 

°  .      °  7  prohibited. 

cated  or  carried  on,  unless  the  same  be  at  least  four  hun- 


300 


Water-tight 
vehicles  for  re- 
moving contents 
of  privies. 


Contents  not  to 
he  thrown 
from  docks. 


Filth  not  to  be 
thrown  in 
streets. 


Unwholesome 
provisions  not 
to  be  sold. 


Nor  meat*. 


dred  and  fifty  feet  distant  from  any  paved  street  and 
occupied  building,  under  the  penalty  of  one  hundred  dol- 
lars for  each  offence,  and  also  of  twenty-five  dollars  for 
each  day  that  the  same  shall  be  carried  on. 

§  12.  No  person  shall  carry  in  or  through  any  street, 
lane  or  public  place,  any  part  of  the  contents  of  any  privy, 
sink  or  cesspool,  in  any  cart,  wagon  or  any  other  vehicle 
or  vessel,  unless  the  same  shall  be  effectually  covered  and 
water  tight,  or  at  any  time  whatever  except  between  the 
hours  of  eleven  o'clock  in  the  evening  and  three  o'clock  in 
the  morning,  between  the  first  day  of  May  and  the  last  day 
of  September ;  and  between  the  hours  of  ten  o'clock  in 
the  evening  and  six  o'clock  in  the  morning,  during  the 
remainder  of  the  vear. 


§  13.  No  night  scavenger  or  other  person  shall  dump 
or  throw  any  night  soil  or  other  offensive  substance  from 
any  wharf  or  dock,  or  into  the  river  or  any  canal,  without 
a  permit  in  writing  from  the  mayor. 

§  14.  No  offal,  vegetables,  garbage,  ashes,  cinders,  dross, 
rubbish,  or  filth  of  any  kind,  or  the  carcass  of  any  animal, 
shall  at  any  time  be  cast  or  laid  in  any  street,  lane,  alley 
or  public  wharf  or  place,  or  in  the  water  adjoining,  under 
a  penalty  of  five  dollars  for  each  offence,  to  be  paid  by  the 
occupant  of  the  house  from  which  the  same  shall  be  cast, 
and  the  persons  so  casting  or  laying  the  same,  severally 
and  respectively. 

§  15.  No  person  shall  sell  or  offer  or  expose  for  sale 
any-  unwholesome  or  stale  article  of  provisions,  meat,  fish, 
fruit  or  vegetables,  or  any  flesh  of  any  animal  dead  by  acci- 
dent or  disease,  or  known  or  suspected  to  be  diseased  at  the 
killing  of  the  same,  or  any  meagre  or  back  shad. 

§  16.  No  person  shall  bring  into  any  public  or  private 
market,  or  offer  or  expose  for  sale  anywhere,  any  blown, 
plaited,  raised  or  stuffed  meat,  or  between  the  first  day  of 


301 


May  and  the  first  of  November,  in  any  year,  bring  into 
any  market  any  untried  fat,  commonly  called  gut  fat,  or 
at  any  time  or  season  the  head  of  any  sheep  or  lamb,  un- 
less the  same  shall  be  skinned  and  properly  cleaned,  or  any 
sheep  or  lamb  in  carcass,  or  quarter,  with  any  foot  or  trot- 
ters thereto,  or  any  skin  or  hides,  except  calf  skins. 

§  17.  No  person  or  persons  shall  kill  or  dress  any  flesh  j^diJ10 1)6 
meat  of  any  description  in  any  market. 

§  18.  No  butcher  or  other  person  shall  have  or  keep  in  ^eaf^gators  in 
any  of  the  markets  any  refrigerator,  or  icebox,  or  cask, 
containing  ice  or  pickle,  unless  the  same  be  placed  within 
the  limits  and  in  rear  of  his  stall  or  stand,  and  be  lined 
with  lead  or  some  other  metallic  substance,  so  as  to  be 
water  tight,  and  provided  with  a  pipe  of  lead,  zinc  or  cop- 
per, leading  therefrom  to  the  nearest  gutter. 

§  19.  No  person  shall  have  or  keep  upon  any  premises  ^tsing 
owned  or  occupied,  in  whole  or  in  part,  by  him,  within  the 
city,  any  swine  or  goats,  without  the  permission  of  the 
mayor,  renewable  annually,  registered  in  the  health  office, 
under  the  penalty  of  ten  dollars  for  each  swine  or  goat  had 
or  kept  by  him  or  her  upon  said  premises. 

[§  20.  No  person  shall  have  or  keep,  or  permit  to  be  Keeping  cows, 
kept,  between  the  first  day  of  May  and  the  first  day  of 
November,  in  any  year,  on  any  premises  owned  or  occu- 
pied in-  whole  or  in  part  by  him  or  them,  within  the  city, 
more  than  three  cows  in  any  stable  or  other  inclosure,  or 
upon  any  lot  of  land  of  not  more  than  twenty-five,  hun- 
dred square  feet  in  superficial  extent,  or  more  than  four 
cows  upon  any  lot  of  not  more  than  half  an  acre  in  size, 
or  more  than  twelve  cows  upon  any  lot  of  larger  size,  un- 
der the  penalty  of  ten  dollars  for  each  cow  above  the 
number  hereby  permitted  for  each  stable,  inclosure,  or  lot 
respectively,  for  each  day  such  additional  number  shall  be 
so  kept,  provided,  that  nothing  herein  contained  shall 


302 


affect  the  keeping  of  more  cows  than  herein  provided  by 
the  owners  of  distilleries  now  in  operation  in  stables  now 
built  and  occupied  as  cow  stables,  or  by  milkmen  employ- 
ed in  the  milk  business ;  and  further  provided,  that  the 
provisions  of  this  section  shall  not  apply  to  the  eighth, 
ninth,  and  eighteenth  wards.*] 

§  21.  No  dog  shall  be  suffered  to  go  at  large  in  the  eity 
between  the  first  day  of  May  and  the  first  day  of  October, 
unless  properly  muzzled,  under  the  penalty  of  ten  dollars 
for  each  offence,  to  be  paid  by  the  owner  or  possessor  of 
such  dog. 

§  22.  Every  dog  so  found  at  large,  contrary  to  the  pro- 
visions of  the  last  section,  shall  be  liable  to  be  seized  and 
killed  by  any  person  or  persons,  who  are  hereby  author- 
ized to  destroy  such  dog. 

§  23.  It  shall  not  be  lawful  for  any  person  hereafter  to 
not  to  be  erected,  erect  or  establish  within  the  city  of  Brooklyn  any  manu- 
factory for  boiling  oil  or  varnish,  or  any  distillery  for  the 
purpose  of  manufacturing  ardent  or  alcoholic  spirits,  or 
any  manufactory  for  chemical  works,  in  which  shall  be 
generated  any  smoke,  vapor  or  gas,  offensive  to  the  senses 
or  injurious  to  the  health  of  persons  within  the  neighbor- 
hood, or  any  manufactory,  mill  or  other  establishment  for 
the  grinding  of  bones  or  boiling  the  flesh  therefrom,  or 
otherwise  for  converting  the  same  into  manure ;  or  any 
manufactory  or  establishment  for  the  purpose  of  making 
or  generating  spirits  of  turpentine,  coal,  tar  or  lampblack, 
in  which  manufactory  bituminous  coal,  refuse  of  the  tur- 
pentine, or  any  other  material  producing  a  dense  smoke, 
shall  be  used  for  fuel;  or  any  manufactory  or  business 


*  As  amended  in  Common  Council,  February  11,  1857,  and  February 
23,  1857,  and  approved  by  the  mayor,  Feb.  14,  1857,  and  Feb,  27,  1857. 


Dogs  not  to  go 
at  lar?e. 


May  be  killed. 


Unwholesome 
manufactories 


303 


offensive  or  unwholesome  to  the  public,  uuder  the  penalty 
of  five  hundred  dollars. 

§  24.  No  person  shall  carry  on  any  business  or  manu-  The  business 

P  -t  - ,  J .  J    .        ,  prohibited. 

lacture  m  the  preceding  section  mentioned,  witkm  the 
limits  therein  mentioned,  under  the  penalty  of  one  hun- 
dred dollars  for  each  day  he  shall  carry  on  the  same. 

ARTICLE  V. 

OF  BURIALS,  CONVEYING  DEAD  THROUGH  THE  STREETS, 
AND  BILLS  OF  MORTALITY. 

Section  1.  No  interment  of  the  dead  body  of  any  hu-  interments 

i    •         i    n  i  i  .       -|      .  i  . '     i        .  within  the  city 

man  being  shall  be  made  or  permitted  within  the  city.  prohibited. 

§  2.  Any  sexton  or  other  person  having  charge  of  any  Penalty, 
vault,  cemetery  or  other  burying  ground,  or  any  other 
person  who  shall  inter,  or  permit  to  be  interred,  or  assist 
in  interring  any  such  dead  body  within  the  city,  except  in 
cemeteries  established  by  law,  shall  be  liable  to  a  penalty 
of  one  hundred  dollars  for  each  offence. 

§3.  No  person  shall  remove,  disturb  or  expose  any  Bodies  of  the 
other  dead  body  or  coffin  while  making  a  grave  or  inter-  notto°beCexposed 
ring  a  dead  body,  under  the  penalty  of  one  hundred  dollars 
for  each  offence. 

§  4.  No  person  shall  remove,  or  assist  in  removing  from  Bodies  of  the 
the  city,  the  dead  body  of  any  human  being,  without  a Snfrom  tL 
permit  in  writing  for  that  purpose  from  the  health  officer,  clty* 
under  the  penahy  of  one  hundred  dollars. 

§  5.  No  person  shall  bury  or  inter,  or  assist  in  burying  Bodies  to  be 

.  ,  1  J     °  buried  four  feet. 

or  interring,  the  dead  body  of  any  human  being,  except 
in  vaults  in  the  legally  established  cemeteries,  and  at  least 
three  hundred  feet  inside  the  boundary  lines  thereof,  at  a 
depth  of  less  than  four  feet  below  the  surface  of  the  ground, 
under  the  penalty  of  one  hundred  dollars;  and  of  the  like 
sum  for  every  week  such  body  shall  remain  buried  less 
than  four  feet  below  the  surface  of  the  ground. 


304 


Re-interments  8  6.  ]STo  re-interment  of  the  dead  body  of  any  human 
prohibited,  y  •*  *> 

being  shall  take  place  without  the  permit  of  the  health 
officer  for  that  purpose,  under  the  penalty  of  one  hundred 
dollars,  to  be  paid  by  any  one  directing  the  same  or  per- 
mitting or  assisting  thereat ;  provided  that  nothing  herein 
contained  shall  prevent  the  interment  in  any  cemetery 
without  such  permit  of  any  dead  body  temporarily  placed 
in  any  vault  in  such  cemetery. 

bmS byPerson3  §  7-  Every  sexton  or  person  having  charge  of  any  vault, 
sextons.  burying  ground  or  cemetery,  shall  on  Saturday  in  each 
week  make  and  deliver  to  the  health  officer  a  return  of  the 
persons  buried  in  said  vault,  burying  ground  or  cemetery, 
during  the  preceding  week,  and  the  date  of  the  decease, 
the  sqx,  age,  place  of  residence  at  the  time  of  the  decease, 
place  of  birth,  disease  of  each  person  so  buried,  and  the 
name  of  the  person  granting  the  certificate  of  burial ;  and 
any  sexton  or  person  having  in  charge  any  vault,  burjdng 
ground  or  cemetery,  who  shall  neglect  to  make  such  re- 
turns, shall  be  liable  to  a  penalty  of  twenty-five  dollars 
for  each  offence. 

meentbyteSth      §  ^  nea^tn  officer  shall  publish,  under  his  own 

officer.  name,  every  week,  in  the  corporation  newspapers,  the 

number  of  deaths  occurring  in  the  city  of  Brooklyn  as 
shown  by  said  returns,  together  with  the  sex,  age  and  dis- 
ease of  the  person  so  dead ;  and  shall  annually  prepare 
and  report  to  the  common  council,  in  the  month  of  Janu- 
ary, full  statistics  of  the  mortality  for  the  year  ending  on 
the  31st  of  December  preceding,  and  such  suggestions  in 
relation  thereto,  as  he  may  deem  proper  for  the  public 
health. 

Adopted  in  Common  Council,  December  26,  1856.- 
Approved  by  the  mayor,  December  31,  1856. 


Annual 
statement 


305 


CHAPTER  VI. 

MISCELLANEOUS  ORDINANCES. 


ARTICLE  I. 

AN  ORDINANCE  REGULATING  THE  COMPENSATION  TO  BE 
PAID  TO  CITY  SURVEYORS  IN  CERTAIN  CASES. 

The  Common  Council  of  the  City  of  Brooklyn  do  ordain 
as  follows: 

Section  1.  City  surveyors  shall  be  entitled  to  charge  compensation 

if  j  '-'of  city  surveyors 

and  receive  the  following  fees  :  SSJjXJSi 

(1.)  For  making  an  original  map  for  opening  a  street  or 
avenue,  showing  the  several .  pieces  of  land  and  premises 
necessary  to  be  taken  for  the  improvement,  where  the  dis- 
trict of  assessment  does  not  extend  beyond  one  hundred 
feet  on  each  side  of  said  street  or  avenue,  three  cents  per 
running  foot  through  the  centre  of  said  street  or  avenue ; 
where  the  district  of  assessment  extends  beyond  one  hun- 
dred feet  on  each  side,  three  cents  per  running  foot  through 
the  centre  of  each  intersecting  street  or  avenue  beyond  the 
said  one  hundred  feet  shall  be  allowed ;  and  for  making 
duplicates  or  copies  of  the  above,  one-half  the  above  prices 
shall  be  allowed  for  each  of  said  duplicates  or  copies. 

(2.)  Whenever  any  street  or  avenue  shall  be  regulated In  jading  and 

v    J  J  O  paving  streets. 

and  graded,  it  shall  be  the  duty  of  the  surveyor  having 
charge  of  said  work  to  set  the  necessary  stakes  to  deter- 
mine the  height  and  breadth  thereof,  and  for  such  service 
he  shall  be  entitled  to  charge  and  receive  one  and  one-half 
cents  per  running  foot;  and  when  a  street  or  avenue  shall 
be  graded  and  paved,  the  surveyor  shall  be  entitled  to  two 
cents  per  running  foot ;  and  for  setting  the  necessary  stakes 
to  determine  the  height  and  breadth,  the  line  of  the  curb 
and  gutter,  and  the  intersections  on  said  street  or  avenue, 


30G 


and  for  a  re-survey  after  completion  in  either  of  the  fore- 
going cases,  one  and  one-half  cents  per  running  foot. 

rsTesTmciuists.  For  a  map  and  assessment  list  showing  the  several 

pieces  or  parcels  of  land  to  "be  assessed,  one  and  one-half 
cents  per  running  foot,  all  measured  through  the  centre ; 
and  for  a  copy  of  an  assessment  map  and  assessment  list, 
three-quarters  of  a  cent  per  running  foot. 

Setti"?""  an<1  For  re-setting  a  monument,  and  recording  the  same 

monuments.  -m  ^Q  ^qq]^  kGpt  f0Y  pUrp0Se  jn  the  street  commission- 
er's office,  five  dollars ;  and  for  setting  a  new  monument 
seven  and  a  half  dollars. 

profiles.  8  (5.)  For  making  a  profile  of  any  street  or  avenue,  and 
fixing  the  grade  of  the  same,  one  cent  per  running  foot, 
and  when  it  may  be  necessary  to  show  more  than  one  line 
of  surface,  one  cent  per  running  foot  for  each  additional 
line. 

weiis°cating        (^-)  ^or  fixing  tne  location  of  a  public  well  and  pump, 

two  dollars  and  fifty  cents. 
Sterns™0         CO  For  fixing  the  location  of  a  public  cistern,  five 

dollars. 

fiSinf  up  iots?d  CO  For  the  necessary  survey  and  stakes,  for  grading, 
digging  down  or  filling  up  vacant  lots,  and  making  an 
assessment  map  and  list  for  the  same,  two  dollars  per  lot. 

(9.)  Whenever  a  sewer  is  to  be  built,  the  surveyor's  fees 
shall  be  as  follows :  for  the  necessary  specifications  and 
calculations  for  building  a  sewer,  including  the  working- 
plan,  twenty-five  dollars;  for  profile  and  grade  line  of 
sewer,  one  cent  per  running  foot ;  for  survey  and  stakes  for 
sewrers  and  culverts,  and  re-survey  after  completion,  three 
cents  per  running  foot;  for  each  receiving  basin,  three 
dollars  ;  for  an  original  assessment  map  and  assessment  list, 
with  the  different  prices  of  property  to  be  assessed,  and  the 
dimensions  of  each  piece  of  property,  and  the  number  of 
superficial  feet  thereon,  one  and  one-half  cents  per  run- 
ning foot  through  the  centre  of  each  street  on  said  assess- 
ment map ;  but  if  the  assessment  map  shall  be  a  copy  of 


In  buildin 

sewers. 


307 


any  ward  map  or  maps,  (and  whenever  there  is  a  ward 
map  or  maps,  the  assessment  maps  shall  be  copied  from  the 
same,)  then  the  price  shall  be  one  cent  per  running  foot 
through  the  centre  of  the  several  streets  on  said  map ; 
which  fees  shall  be  in  full  for  all  services  which  may  be 
required  to  be  performed  by  any  surveyor  in  the  construc- 
tion of  any  sewer. 

Adopted  in  Common  Council,  March  23,  1857. 
Approved  by  the  mayor,  March  28,  1857. 

AETICLE  II. 

AN  ORDINANCE  TO  FIX  AND   REGULATE   THE  DUTIES  OF 
THE  CLERKS  OF  THE    POLICE   JUSTICE  AND 
JUSTICES  OF  THE  PEACE. 

The  Mayor  and  Aldermen  of  the  City  of  Brooklyn,  in  Com- 
mon Council  convened,  do  ordain  as  follows : 

Section  1.  The  following  shall  be  the  duties  of  each  of 
the  clerks  of  the  police  justice,  and  justices  of  the  peace: 

§  2.  He  shall  attend  daily,  except  on  Sundays  and  pub- office  bom  s, 
lie  holidays,  for  the  transaction  of  business  at  the  office 
designated  by  the  common  council,  for  the  justice  of  whom 
he  is  clerk,  from  9  A.  M.  to  121  p.  M.,  and  from  2  P.  M. 
to  5  P.  M. 

§  3.  He  shall  carefully  file  and  preserve  all  papers  re- cierk  to  file 
lating  to  the  official  business  of  the  justice,  in  such  manner 
that  reference  to  them  may  at  all  times  be  easily  made. 

§  4.  He  shall  make  out,  under  the  direction  of  the  ius-  To  make  out 

-n  i  n  process  in 

tice,  all  venires,  subpoenas  or  attachments  for  witnesses,  criminal  ca*c>. 
final  committments,  recognizances,  and  records  or  certificates 
of  conviction,  and  procure  the  signature  of  the  justice  there- 
to, and  shall  deliver  the  same  for  execution  upon  payment 


308 


of  the  fees  properly  chargeable  therefor,  or  cause  the 
same  to  be  filed  as  required  by  law. 

To  keep  a  police     §  5.  He  shall  keep  the  following  books  of  records  of 

register.  J  J-  ° 

criminal  cases : — 


A  register  of 
convictions. 


To  make  daily 
report. 


To  make  out 
process  in  civil 
<ases. 


I.  A  police  register,  in  which  he  shall  enter  under  their 
proper  dates — 

1st.  The  names  of  all  persons  for  whose  arrest  pro- 
cess is  issued,  or  who  are  brought  before  the  justice  with- 
out process. 

2d.  The  names  of  the  persons  upon  whose  complaint 
process  is  issued,  or  who  appear  as  complainants  against 
persons  arrested  without  process. 

3d,  The  offence  charged. 

4th.  The  officer  to  whom  process  is  delivered,  or  by 
whom  the  arrest  was  made. 

5th.  The  judgment  of  the  justice,  together  with  the 
amount  of  the  fine  or  costs  imposed  (if  any),  and  the  term 
and  place  of  imprisonment. 

6th.  The  fact  whether  the  fine  or  costs  (if  any)  are  paid, 
or  the  defendant  is  committed,  and  the  name  of  the  officer 
by  whom  he  is  conveyed  to  the  place  of  imprisonment. 

II.  A  register  of  convictions,  in  which  he  shall  enter 
the  statements  of  all  persons  convicted  before  the  justice 
in  relation  to  the  matters  required  by  law  to  be  reported 
by  sheriffs  of  counties  to  the  secretary  of  state. 

§  6.  He  shall  make  a  daily  report  of  all  criminal  cases 
finally  disposed  of  before  the  justice  on  the  preceding  day, 
and  of  the  manner  in  which  they  were  disposed  of,  together 
with  the  names  of  the  officers  by  whom  the  arrests  were 
made,  and  transmit  such  report  by  one  of  the  policemen 
detailed  to  attend  the  court  held  by  said  justice,  to  the 
chief  of  police,  at  his  office. 

§  7.  He  shall  make  out  all  process  and  transcripts  in 
civil  cases;  and  procure  the  signature  of  the  justice  there- 


309 


to,  but  lie  shall  not  in  any  case  deliver  the  same  until  all 
the  fees  properly  chargeable  therefor  are  fully  paid ;  no 
execution  or  transcript  shall  be  delivered  until  the  whole 
amount  of  the  costs  due  the  city,  taxed  in  the  case  in 
which  the  execution  or  transcript  was  issued,  shall  have 
been  fully  paid. 

§  8.  He  shall,  on  the  morning  of  everv  day,  before  the  to  make  out  a 

.  in.  i  -,  •  '    •        calendar  dailv. 

hour  for  holding  court,  make  out  and  put  up  m  a  conspicu- 
ous place  in  the  court  room,  a  calendar  of  all  civil  causes 
to  be  heard  before  the  justice  on  that  day,  designating  the 
hour  appointed  for  hearing  the  same.  He  shall  tax  the 
costs  in  all  cases  after  judgment  or  discontinuance,  in  books 
to  be  kept  by  him  for  that  purpose. 

§  9.    He  shall  keep  the  following  books  of  record  of 
civil  cases,  besides  cost  books : — 

I.  A  register  of  original  process,  in  which  he  shall  en-  To  keep  registers 

*  of  civil  process. 

ter,  alphabetically  arranged,  under  the  names  of  the  plain- 
tiffs : 

1st.  The  date  of  the  issuing  of  process. 

2d.  The  name  of  the  plaintiff. 

3d.  The  name  of  the  defendant. 

4th.  The  particular  kind  of  process  issued. 

5th.  The  day  and  hour  of  the  return  thereof. 

6th.  The  name  of  the  officer  to  whom  the  same  is  de- 
livered for  execution. 

7th.  The  amount  of  the  plaintiff's  demand. 

8th.  The  amount  advanced  by  the  plaintiff  for  costs,  ex- 
clusive of  officer's  costs. 

9th.  The  date  of  service  as  appears  by  the  officer's  re- 
turn. 

II.  A  register  of  mesne  civil  process,  in  which  he  shall 
enter  according  to  their  proper  dates,  and  alphabetical  ly 
arranged  under  the  names  of  the  plaintiffs,  all  process 


310 

other  than  original  or  final,  and  all  subpoenas  issued  in 
criminal  cases  on  behalf  of  defendants,  together  with  the 
fees  received  therefor. 

ivdgawfc*  A  register  of  judgments  and  final  .civil  process,  in 

which  he  shall  enter,  alphabetically  arranged  under  the 
names  of  the  plaintiffs,  all  judgments  rendered  by  the  jus- 
tice, except  judgments  of  discontinuance,  without  costs,  in 
manner  following : 

1st.  The  date  of  the  judgment. 
2d.  The  name  of  the  plaintiff. 
3d.  The  name  of  the  defendant. 

•ith.  The  amount  of  the  judgment,  specifying  the  dam- 
ages and  costs. 

oin.  The  issuing  of  execution  or  of  a  transcript,  with  the 
date  thereof,  and  the  name  of  the  officer  to  whom  the  exe- 
cution or  person  to  whom  the  transcript  is  delivered. 

6th.  The  date  of  the  return  of  the  execution,  with  a 
minute  of  the  return. 

7th.  The  issuing,  delivery  and  return  of  every  subse. 
queiit  execution  as  above  provided. 

a  book  of  costs.  jy#  j±  "book  of  taxed  costs,  in  which  he  shall  enter  ac- 
cording to  their  proper  dates,  and  alphabetically  arranged 
under  the  names  of  the  plaintiffs,  the  titles  of  all  causes  in 
which  the  costs  have  been  taxed ;  the  amounts  at  which 
the  court  costs  were  taxed  therein ;  the  amounts  advanced 
or  paid  by  the  plaintiffs  during  the  progress  of  the  action 
or  after  judgment,  and  the  balances  due  the  city  therein. 

a  casii  book.  V.  A  cash  book,  in  which  he  shall  enter  all  monej^s 
received  by  him  for  fees  and  costs  in  all  cases,  both  civil 
and  criminal,  with  the  dates  of  their  receipt  and  the  titles 
of  the  actions  in  which  they  were  received. 

ac^MWrffek  §  10-  He  sna11  ren(ier  at  tne  nrst  regular  meeting  of 
the  common  council  in  every  month,  an  account  in  detail 


311 


of  all  fees  received  by  him,  in  all  cases,  civil  or  criminal, 
and  of  all  balances  of  taxed  costs  in  civil  actions  remain- 
ing unpaid,  which,  account  shall  be  verified  by  his  oath  ; 
and  he  shall  forthwith  pay  over  to  the  treasurer  the  amount 
of  fees  so  received. 

§  11.  The  treasurer  of  the  city  is  hereby  designated  as  To  pay  same  to 
the  officer  to  whom  each  of  the  said  justices  is  to  pay  over°lty  reasurer* 
monthly,  the  fines,  fees,  penalties  and  moneys  collected  and 
received  by  him,  by  virtue  of  his  office,  as  required  by  law. 

Adopted  in  Common  Council,  May  9th,  1853. 

Approved  by  the  mayor,  May  12th,  1853. 


AETICLE  III. 


A  LAW  IN  RELATION  TO  DOMESTIC  ANIMALS  DYING  FROM 
ACCIDENT  OR  DISEASE  IN  THE  CITY  OF  BROOKLYN. 

The  Mayor  and  Aldermen  of  the  City  of  Brooklyn,  in 
Common  Council  convened,  do  ordain  as  follows: 

Section  1.  Whenever  any  domestic  animal  shall  die  Notice  of  death 

.  ..  .   of  animals  to  be 

within  the  city  of  Brooklyn  from  accident  or  disease,  it  given  to  police, 
shall  be  the  duty  of  the  occupant  of  the  premises  upon 
which  such  animal  shall  die,  or  any  servant  or  agent  of 
such  occupant,  within  twelve  hours  after  the  death  of  such 
animal,  to  give  notice  of  such  death  at  the  police  station 
house,  in  the  district,  to  the  captain  or  assistant  captain, 
in  which  such  animal  shall  die,  under  a  penalty  of  twenty- 
five  dollars  for  each  and  every  offence. 

§  2.  It  shall  not  be  lawful  for  any  person  within  the  Dead  animals 
city  of  Brooklyn,  except  by  the  written  permission  of  the  ^b^edta1  une' 
mayor  first  had  and  obtained,  to  skin  or  bury  any  domestic  thrown  into  the 
animal  which  shall  die  in  the  city  of  Brooklyn,  from  acci-mer* 
dent  or  disease,  or  cast  or  throw  the  same  into  any  public 


312 


Not  to  be  carried 
except  in 
licensed  carts. 


Duties  of 
contractor.' 


Duties  of 
policemen. 


street  or  place  in  the  said  city,  or  into  any  of  the  creeks, 
stagnant  pools,  or  into  the  East  river,  under  a  penalty  of 
one  hundred  dollars  for  each  and  every  offence.* 

§  3.  No  person  shall  carry  or  transport  any  dead  do- 
mestic animal  in  the  city  of  Brooklyn  without  permission 
in  writing  from  the  mayor,  except  in  carts  or  other  vehi- 
cles specially  licensed  for  that  purpose,  under  a  penalty  of 
fifty  dollars  for  each  and  every  offence. 

§  4.  It  shall  be  the  duty  of  the  contractor  for  the  remov- 
ing of  dead  animals  and  offals  in  the  city  of  Brooklyn, 
between  the  first  day  of  May  and  the  first  day  of  Novem- 
ber in  each  year  during  the  continuance  of  his  contract,  to 
cause  a  suitable  and  proper  person  to  call  at  each  and 
every  station  house  in  the  city  of  Brooklyn,  at  least  twice 
in  each  day,  for  the  purpose  of  ascertaining  whether  any 
animals  which  have  died  from  disease  or  accident  in  the 
city  of  Brooklyn,  have  been  reported  at  such  station 
house :  the  first  call  to  be  made  during  said  period,  pre- 
vious to  twelve  o'clock  on  each  and  every  day;  the  second 
call  to  be  made  between  the  hours  of  two  and  seven  o'clock 
in  the  afternoon,  on  each  and  every  da}^  during  said  term, 
under  a  penalty  of  twenty-five  dollars  for  each  and  every 
offence. 

§  5.  It  shall  be  the  duty  of  every  policeman  in  the  city 
of  Brooklyn  to  apprehend  and  report  to  the  attorney  of 
the  city  all  persons  offending  against  the  preceding  ordi- 
nance. 

Adopted  in  Common  Council,  June  16,  1856. 
Approved  by  the  mayor,  June  21st,  1856. 


*  As  amended. 


INDEX  TO  ORDINANCES. 


Advertisements — 

For  supplies   231 

Alarm  Districts — 

Of  fires,  boundaries  of  273-5 

Animals— 

When  to  be  impounded.   281 

Notice  of  death  of,  to  be  given  to 

police   311 

Not  to  be  skinned  or  buried  in  the 

city...!  311 

Not  to  be  thrown  into  the  river   312 

Not  to  be  carried  except  in  licensed 

carts  312 

Duties  of  contractor  and  of  police- 
men in  relation  to   312 

Annual  Reports— 

Of  departments   221 

Ashes — 

Screening  of   291 

Not  to  be  thrown  in  streets    300 

Ash  Vessels  — 
Not  to  be  upset   289 

Assessors — 

Duties  of   249 

Assisstant  Attorney — 

Duties  of  ,   242-3 

Attorney  and  Counsellor— 

Duties  of   241-2 

Auditor— 

Duties  of  '   249 

Billiards  — 

Licensed    281 

Bills— 

Auditing  and  payment  of   235-6 

Bonds — 

<>f  city  officers   217-18 

Bonfires — 
Not  to  be  made  in  streets   283 

21 


Bowls  and  Bowling — 

Licensed   281 

Bow  Windows— 

Regulation  of   286 

Boxing  Rings— 

Prohibited   280 

Buildings— 

Projections  from   286 

Moving,  through  the  streets   290 

Burials — 
Regulation  of   308-4 

Carriages— 

Not  permitted  on  sidewalks   290 

Washing  of  in  streets,  prohibited. . .  291 

Cartmen— 

Licenses  to   253-4 

Regulations  of   254-7 

Compensation  of   262 

Certificates  of  Indebtedness — 

Provision  in  contract  for   228 

When  not  to  be  issued   229 

Cesspools — 

Construction  of   298-9 

Emptying  of   299 

Chimneys — 
Taking  fire     283 

Circus  — 

Prohibited,  unless  permitted   280 

Cisterns — 

In  streets,  how  permitted   226 

Public,  how  filled   231 

In  streets   287 

Public,  damage  to     291 

City  Clerk— 

Duties  of   246-8 

Assistant  to   249 

City  Railroad  Company— 

Regulation  of   260-1 


11 


INDEX  TO  ORDINANCES. 


ClTl  bl'HVKYOBB —  | 

Duties  of  249-60  > 

Fees  of  305-7  j 

Clekk  of  Police  Court — 

Duties  of  307-11  j 

Clerk  of  tiie  Markets— 

Duties  of   251  ' 

COCKFIGHTINQ  — 

Prohibited   280 

Collector  of  Taxes  and  Assess- 
ments— 

His  duties  239-41 

Commissioner   of  Repairs  and 
Supplies — 

Towers  aud  duties  of  229-234 

Common  Snows- 
Prohibited  unless  permitted   ZoU 

Comp i roller — 

His  duties  237-9 

Contracts — 

Officers  not  to  be  interested  in   22u 

Estimates  for   221 

Penalties  in   227 

For  supplies   23-2 

Cows- 
Keeping  of   301 

Dead  Bodies — 

Regulations  relating  to   303 

Deaths— 

Statements  of   304 

Deeds — 
For  lands  abandoned  


  224 

Delinquent— 

Contractors   225 

Dogs  - 

At  large   302 

Engineers  of  Firi:  Department— 

Election  of   267 

Eligibility  and  vacancies  in  office  of.  26S 

Who  entitled  to  vote  for    26; 

Oafli  of  office  and  salaries   212 

Business  office  and* hours.  t^.  275 

Duties  o:  ,  275-7 

Engine  Houses- 
How  kept  in  order   273 

Assembling  in,  prohibited   293 

Ewil  Pkaciices— 


Ordinance  in  relation  to. 
False  Alarms  of  Fire- 
Pi  oh  ibited    


279 


'293 


Faro  Tables — 
Prohibited   980 

Fees  of  City  Officers— 
To  be  paid  into  city  treasury   21b 

Fire  A  RMS- 
Discharge  of,  prohibited   282 

Fire  Department- 
Two  organizations  of   260 

Election  ot  engineers   267 

Eligibility  of  engineers   268 

Vacancy  in  office  of  engineers   26> 

Who  entitled  to  vote  for  engineer*  26S-9 

Who  are  firemen   269 

Firemen,  how  elected   269 

Companies  in   ~'7o 

Badges  of  officers  and  members   271 

Property  of   273 

Companies  to  receive  certain  amount 
annually  272-8 

t  ire  Engines — 

Repairs  of   231 

liunning  with,  piohibiied   293 

Not  to  be  drawn  on  down  grades  of 
railroad  tracks   272 

t*  IREMEN — 

Who  are,  and  how  elected   269 

Voting  by  proxy  prohibited   269 

To  be  approved  of  by  Com.  Coun.  269-7u 

To  he  divided  into  companies   27u 

Differeni  companies,how  constituted  270 

New  companies,  how  formed   270 

Companies  responsible  for  acts  of 

me.n  bers.   27 1 

Hosemen  responsible  for  ca.e  of 

property   271 

Duties  ofv   271 

Certain  practices  by,  prohibited   272 

Personation  of,  prohibited   293 

Fire  Wardens— 

Oath  of  office  and  salaries  of   272 

Duties  of  277-9 

Fireworks— 

Discharge  of,  prohibited  282 

Gambling  and  Gambling  Houses — 

Prohibited  280-281 

Goats— 

Keeping  of,  regulated   80i 

Grading  — 

And  paving  streets.   227 

Gunpowder — 

Keeping  and  conveying  ol,  regu- 
lated  284  5 


LNDEX  TO  ORDINANCES. 


Ill 


GUTTERS  AND  SEWERS— 

Obstructions  of.  prohibited   290 

Hackmen — 

Licences  of   253 

Compensation  264-6 

Regulations  of   254 

Handcartmen — 

Licenses  of   258 

Compensation  265-6 

Regulations  of   -254 

Hay— 

Keeping  of,  regulated   283 

Health  Department — 

Establishment  of   294 

Health  officer,  his  business  hours. . .  294 
Penalties  for  violation  of  health  or- 
dinance, how  applied   -~94 

Annual  sanitary  inspection  by   295 

Nuisances  in  streets,  how  abated   295 

Nuisances  on  private  property,  how 
abated  296-7 

Horses— 

Racing  of  in  streets,  prohibited   29^ 

Standing  in  streets  without  drivers, 

prohibited   2i)2 

Drinking  from  vessels  or  puuips, 

prohibited   291 

Inspectors  of  Meat — 

Duties  of   252 

Inspectors  of  Pavements— 
Duties  of  250-1 

JUNKSHOPKEEPERS — 

Licenses  to   253 

Regulations  of   258 

Justices  of  the  Peace — 
Regulations  of  clerks  of   307 

Kites — 

Flying  of,  prohibited   292 

Lamplighters — 

Supervision  of   283 

Payment  of   234 

Lamps  and  Lamp  Posts — 

Repairs  of   231 

Evil  practices  in  relation  to,  proai 
bited   291 

Lands  Abandoned — 
Duties  of  street  commissioners  in 

relation  to   224 

Deeds  for   224 

Licensed  Persons— 

Regulations  of.   254 

Compensation*  ol  certain    


Licknsks— 

Mayor  to  grant  222-253 

What  to  contain  2  )3-4 

Fees  to  be  paid  therefor   254 

Regulaiions  of  persons  licensed  -J54-8 

Lights — 

In  i-tables,  regulated   282 

Man  l  factories — 
Certain,  prohibited  302-o 

Maps— 

Of  streets  for  local  improvements . . .  228 
Of  wards,  how  corrected   240 

Markets — 

Regulations  of.  300-1 

Mayor— 

To  grant  licenses   222 

To  supervise  all  city  officers   222 

To  determine  repairs  and  supplies.  222-8 
To  approve  ordinances   248 

Meats  -                             -  >ic<T 
Regulations  of,  sale  of  300-1 

Misconduct— 

Of  deputies  and  clerks   219 

Of  city  officers   222 

Nuisances — 

In  streets,  how  abated   295 

On  private  property,  bow  abated. . .  296 
In  manufactories,  prohibited  3i)2 

Obstructions — 
lu  streets,  how  removed   226 

Occupation— 
Of  streets  in  certain  cases,  regulated,  226 

Offals— 

Not  to  be  thrown  in  streets   300 

Office  Hours  - 

Of  city  officers   220 

Of  chief  engineers  of  fire  depart- 
ment ,   275 

Of  health  officer   294 

0*kicei:s,  City — 

Ordinance  in  relation  to   217 

Penalties—  , 

Of  official  bonds  217-lr 

On  contracts  ,   227 

Porters  — 

Licenses  to   253 

*     Compensation  265-ti 

Regulations  of   254 

Posts  in  Strkets— 

Regulations  oonceriiibi:. .-.  2fc» 


INDEX  TO  ORDINANCES. 


iv 


Privies— 

Nuisances  in  296-7 

Contents  of  to  be  disinfected  298 

Construction  of   298-9 

Emptying  of  299-30(1 

Public  Bathing — 
Regulated   280 

Pumps- 
How  repaired   231 

Horses  drinking  from   291 

Railroad,  City— 
Regulations  of.   259 

Recording— 
<  )f  assisnments  of  certificate  of  sale .  228 

Records— 
Inspection  of  regulated  219 

Reinterme  NTs- 
Prohibited   304 

Repairs  and  Supplies — 

Doty  of  Mayor  in  relation  to   222 

Commissioner  of   229 

Foreman  of   230 

Reports— 

Of  commissioners  for  opening  streets  229 
Rockblasting — 

Regulated   292 

Rubbish — 

Not  to  be  thrown  in  streets  288 

Searches — 

Tn  city  offices   219 

Sextons— 
To  make  returns     3"4 


Sinks — 

Construction  of   298-9 

Emptying  of   299 

Slaughter  Houses— 
Prohibited  299 

Snow  and  Ice— 

In  streets  289 

On  railroad  tracks   289 

Straw— 

Keeping  of,  regulated   283 

Street  Commissioner— 
Duties  of   223-9 

Streets— 

Improvements  in   223 

Obstructions  in   226-285-6-290 

Occupation  of  226 

Excavations  In   227 

Grading  and  paving  227 

Maps  of.   228 

Repairs  of   231 

Vehicles  not  to  be  left  in  289-90 

Nuisances  in,  how  abated   296 

No  filth  to  be  thrown  into   300 

Treasurer  of  City— 
Duties  of   244-5 

Treks— 


Injury  of,  prohibited   290 

Vaults— 

Regulations  concerning  226-287-8 

Removing  covers  of   292 

Vehicles— 
Not  to  be  left  in  streets   289-90 

Warrants— 

For  collection  of  assessments   223 


4*- 


